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Visa & ImmigrationNov 5, 202621:52 (PT)

Democrats reportedly win Congress, but H-1B workers and F-1 students not guaranteed immediate relief

Key points

  • Democrats secured majorities in both chambers after the 2026 midterms, but relief is not guaranteed
  • Major policy changes still need presidential approval
  • A $100,000 payment applies to certain new H-1B petitions for workers outside the US since 2025
  • A proposed $70,000 OPT fee has raised concerns among students

Tupaki English reports Democrats secured majorities in both chambers after the 2026 midterms, but this does not guarantee immediate relief for H-1B applicants and F-1 students, as major policy changes need presidential approval. A $100,000 payment applies to certain new H-1B petitions for workers outside the US, and a proposed $70,000 OPT fee has raised concerns. This is not legal advice.

What employers should do

  1. Assess the impact of the $100,000 payment on new H-1B petitions for workers outside the US

Policy details

Jurisdiction
Federal
Status
Proposed rule
Effective date
—
Employers covered
Employers filing H-1B petitions; F-1 students
Official source
View official source ↗
Original report: Tupaki English ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.