(AUSTIN, TEXAS) — Texas Governor Greg Abbott ordered state agencies and public universities on January 27, 2026 to freeze the filing of new H-1B visa petitions, a state-level pause that leaves federal adjudication rules unchanged but blocks many taxpayer-funded employers from starting new cases.
Abbott framed the move as a jobs-first measure and tied it to concerns about “abuse” in the federal program.
“State government must lead by example and ensure that employment opportunities — particularly those funded with taxpayer dollars — are filled by Texans first. In light of recent reports of abuse in the federal H-1B visa program, and amid the federal government’s ongoing review of that program. I am directing all state agencies to immediately freeze new H-1B visa petitions.”
The directive runs through May 31, 2027, and it allows exceptions only with written permission from the Texas Workforce Commission, putting the state labor agency in the role of gatekeeper for any new public-sector sponsorship during the freeze.
The order also requires affected institutions to compile a detailed audit of H-1B activity and submit it to the Texas Workforce Commission by March 27, 2026, forcing human resources, legal teams, and hiring managers to pause new filings while assembling case counts and documentation.
Abbott’s action targets employer participation, not the federal immigration system that governs the visa category. USCIS and the Department of Homeland Security still control H-1B adjudication, and private employers in Texas remain able to file petitions under federal rules.
The directive applies to all state agencies led by gubernatorially appointed heads and all public institutions of higher education. It does not apply to private companies, and it does not apply to agencies led by elected officials, such as the Attorney General’s Office.
Public university systems that recruit internationally sit near the center of the impact, with examples in the directive’s orbit including the University of Texas system and Texas A&M. Public research centers and university-affiliated medical employers can also fall within the hiring pipeline affected by the pause.
By design, the freeze focuses on initiating new H-1B visa petitions, not on automatically ending employment for workers already in the United States on H-1B status. Renewals of existing H-1B petitions proceed under normal USCIS procedures, even as the state blocks covered employers from starting new cases without permission.
Texas also put institutions on the clock to deliver an inventory of their H-1B footprint in 2025. The required report must include the number of H-1B petitions filed or renewed in 2025, along with nationalities and job classifications of all current H-1B employees.
The state also required documented proof of “good-faith efforts” to recruit qualified U.S. workers before seeking foreign labor, a recordkeeping burden that can require retrieving job postings, recruitment files, and hiring justifications across departments.
In practical terms, the reporting mandate forces covered employers to account for hiring and renewal patterns at the same time the freeze limits their ability to respond to immediate staffing needs with new filings. For universities and state entities that plan hiring around academic calendars, grant timelines, or specialized clinical coverage, the timing compresses routine compliance work into a fixed deadline.
The key dates are straightforward and define the mechanics of the policy. Texas set the freeze start at January 27, 2026, required the statewide audit submission by March 27, 2026, and scheduled the pause to last until May 31, 2027, which the state tied to the conclusion of the 90th Texas Regular Legislative Session.
Texas’ exception pathway also stays simple on paper and narrow in practice, requiring a covered employer to obtain written permission from the Texas Workforce Commission before it can initiate a new petition. Without that approval, the directive bars state agencies and public academic institutions from initiating or sponsoring new H-1B petitions for highly skilled foreign workers.
The directive’s emphasis on “Texans first” adds a political frame to an employment visa that sits at the intersection of labor markets and federal immigration authority. The H-1B visa allows U.S. employers to sponsor foreign nationals for specialized occupations for up to six years, with three years initially and extendable for another three.
Texas’ move lands amid federal changes that already increased costs and reshaped selection rules for H-1B hires. A Presidential Proclamation effective September 21, 2025, requires employers to pay an additional $100,000 per petition for certain H-1B workers hired from outside the U.S.
DHS also announced a final rule on December 23, 2025, effective February 27, 2026, to replace the random H-1B lottery with a system that prioritizes higher-paid and higher-skilled applicants. In a statement on that shift, USCIS Spokesman Matthew Tragesser said,
“The existing random selection process of H-1B registrations was exploited and abused by U.S. employers who were primarily seeking to import foreign workers at lower wages than they would pay American workers. The new weighted selection will better serve Congress’ intent. and strengthen America’s competitiveness by incentivizing American employers to petition for higher-paid, higher-skilled foreign workers.”
The federal overhaul underscores the line Texas officials have tried to draw: the state cannot rewrite USCIS standards, but it can restrict which public employers take part in the process and under what conditions. Texas’ directive imposes that restriction only on a subset of employers, leaving private-sector hiring decisions and filings outside the reach of the freeze.
Other states have shown interest in similar constraints for public institutions, and the Texas directive cited that broader scrutiny in describing its approach. Florida’s public university system is also exploring a temporary pause on new H-1B hires.
For public universities, the immediate effect concentrates on new recruitment for international researchers, postdocs, and specialized faculty hires whose start dates often align with semesters, lab funding, or grant schedules. A pause on initiating new cases can delay appointments, narrow candidate pools, or push departments to rework offers around candidates who already have work authorization.
Healthcare and academic medicine can also face pressure where public hospitals or university-affiliated medical systems depend on specialty hires. MD Anderson Cancer Center was cited among research centers that sponsored hundreds of H-1B visas in 2025, and those pipelines can be sensitive to small changes in timing.
Critics warned the restriction could collide with staffing needs in public services. State Rep. Ramon Romero Jr. said the freeze could “worsen existing staffing shortages” in public hospitals and classrooms.
“worsen existing staffing shortages”
Supporters of tighter controls have argued that state-funded employers should prove stronger recruitment of U.S. workers before turning to international hiring. Texas’ report requirements, including the “good-faith efforts” documentation, reflect that emphasis and aim to create a statewide record of how public employers use H-1B sponsorship.
Even so, the directive does not broadly cancel work authorization for existing H-1B employees at state agencies and public universities. Current workers generally remain able to continue employment, though their roles and data will be included in the mandatory audit and reporting.
The impact on job seekers can be immediate, particularly for international candidates who planned to join a Texas public university or state agency on H-1B status in the coming months. Without an exception, those employers cannot start a new petition, and hiring units may have to delay start dates or shift searches.
Private employers in Texas, however, retain the ability to sponsor workers under federal rules, and the statewide halt does not apply to them. That divide can redirect candidates toward private-sector opportunities, even when their preferred roles sit in public research, teaching, or state service.
Candidates and employers also sometimes look to other visa classifications when H-1B timelines or eligibility constraints tighten. O-1, TN, E-3, and L-1 were cited among categories that may appear in hiring discussions, though eligibility varies and the Texas directive did not address them.
Texas officials documented the policy through the Governor’s Office directive dated January 27, 2026, which also assigned Texas Workforce Commission responsibility for permissions and for receiving the required reports.
Federal agencies have separately described the H-1B reforms referenced alongside the Texas action, including the shift to weighted selection and broader communications about the program.
Texas Freezes New H-1B Visa Petitions at State Agencies and Universities
Governor Greg Abbott has suspended new H-1B visa filings for Texas state agencies and public universities until May 2027. This directive mandates a strict audit of current foreign workers and requires proof of good-faith efforts to recruit U.S. citizens. While it aims to prioritize local employment, critics warn of potential staffing shortages in research and healthcare sectors. Private sector hiring remains governed by federal rules.
