Stories
US Midterm Elections 2026: What Changes Await H-1B Visas and Green Cards
- •The US midterm elections in November could significantly impact immigration policies, including potential overhauls to H-1B visas and employment-based green cards.
- •Proposed legislation like the Protecting American Workers Through H-1B Modernization Act could raise salary thresholds to nearly $140,000.
- •Other bills propose pausing H-1B visa issuance and reforming the system to address fraud, with bipartisan backing in Congress.
- •A controversial $100,000 fee for certain H-1B petitions introduced by the Trump administration is currently facing federal court challenges.
- •The SMARTER Act proposes replacing the current green-card preference structure with a points-based system and repealing per-country limits.
Key Questions Answered
Proposals include replacing the current $60,000 salary threshold with a level tied to twice the Social Security Administration's national average wage index, which would equal nearly $140,000. Other bills propose pausing H-1B visa issuance until specific restrictions are implemented or addressing fraud and abuse through joint legislative reforms.
The Trump administration extended its requirement for a $100,000 payment for certain H-1B petitions involving workers outside the US through September 21, 2027. However, enforcement has been blocked by federal court rulings in California and Massachusetts, and the measure remains subject to active litigation.
Introduced by Representative David Schweikert, the SMARTER Act would replace the existing preference structure with a points-based system evaluating age, education, English proficiency, job offers, and compensation while repealing per-country numerical limits. It also proposes narrowing family-sponsored immigration and eliminating the Diversity Visa programme, though it has not yet become law.
