What the 2026 Midterm Results Could Mean for Immigration Applications

On November 3, voters gave Democrats control of both the House and the Senate, according to projections by major news outlets. The new Congress will be sworn in on January 3, 2027. Many of my clients are already asking whether this changes anything for their pending or upcoming applications. The honest answer is that it is too early to know. What follows is my assessment of what could change and what likely will not. It is speculative, and how things actually play out remains to be seen.

The Executive Branch Still Controls How Immigration Laws are Implemented

Congress writes the immigration laws, mainly the Immigration and Nationality Act. The rules that govern applications from day to day, however, come from the executive branch. USCIS policy guidance, form changes, fees set by regulation, interview practices, background vetting, and enforcement priorities are largely administered by the administration. A change in Congress does not undo any of those on its own.

The President also keeps the veto. A bill that reverses an administration policy would need a two thirds vote in both chambers to override a veto, and the new majorities fall well short of that. For that reason, I do not expect sweeping changes to the rules for green cards, naturalization, work permits, or other USCIS benefits in the near term.

Where Congress Does Have Leverage

The new majority will control the committees that oversee the Department of Homeland Security. Those committees can hold hearings, demand records, and question officials about processing delays, applications placed on hold, denial trends, and enforcement activity at USCIS offices. Public pressure of this kind has changed agency behavior in the past, even without a new law.

Congress also controls federal spending. USCIS is funded mostly by filing fees, so its operations are less exposed to budget fights than ICE or CBP, which depend on money approved by Congress. Still, a divided government raises the risk of funding standoffs and shutdowns. During past shutdowns, USCIS generally kept processing applications, but some programs that rely on appropriated funds, such as E-Verify, stopped operating.

The Senate confirms senior DHS officials, including the USCIS Director. A Senate controlled by the opposing party can slow or block nominees, which may affect who is running the agencies that decide your case.

Legislation Is Possible but Limited

Narrow bills with support from both parties could move forward, for example on Dreamers, agricultural workers, or employment based backlogs. Any such bill still needs the President's signature. The same is true for the new fees Congress wrote into law in 2025 for asylum applications, parole, TPS, and certain work permits. Reducing or eliminating those fees would require new legislation that the President signs. Federal courts will also continue to play a major role in deciding which policies stay in effect, regardless of who controls Congress.

What This Means for Your Case

Do not put off an otherwise appropriate filing simply in the hope that Congress will change the rules. Immigration eligibility generally must exist when an application is filed and continue through adjudication, while changes in law or policy may affect pending cases depending on their effective dates and applicable legal requirements. Filing fees may increase, and personal circumstances may change in ways that affect eligibility. At the same time, do not rush an incomplete application. Under USCIS guidance updated in August 2026, officers may deny certain applications without first issuing a Request for Evidence or Notice of Intent to Deny when required initial evidence is missing or eligibility has not been established. A carefully prepared and well-documented application is particularly important in the current adjudication environment.

The role of an immigration attorney is not simply to fill out forms. It is to follow substantive and procedural changes as they happen and to analyze how those changes affect each client's case. The months ahead will likely bring hearings, funding negotiations, court rulings, and policy announcements, and each of them may matter for someone's application. If you have a pending case or are considering filing, contact the Immigration Law Office of Theodore Huang to schedule a consultation.

This post is provided for general informational purposes and does not constitute legal advice. Individual circumstances vary, and anyone affected by this rule should speak with an immigration attorney about their specific case.