World January 27, 2026

Texas Orders Freeze on New H-1B Petitions by State Agencies and Public Universities

Governor directs investigation and requires agencies to report H-1B usage as freeze runs through May 31, 2027 with limited exceptions

By Ajmal Hussain
Texas Orders Freeze on New H-1B Petitions by State Agencies and Public Universities

Texas Governor Greg Abbott has initiated a state-level probe of the H-1B visa program and instructed state agencies and public universities to suspend submission of new H-1B petitions. The pause will continue until May 31, 2027, with exceptions only through written approval by the Texas Workforce Commission. Agencies must deliver a detailed accounting of recent H-1B filings, sponsorships and visa-holder demographics by March 27, 2026.

Key Points

  • Governor Greg Abbott has ordered an investigation of H-1B usage in Texas and froze new H-1B petitions filed by state agencies and public universities until May 31, 2027.
  • Agencies must report by March 27, 2026, the number of new and renewal H-1B petitions they submitted last year, the number of visa holders sponsored, and the countries of origin and job classifications of those visa holders.
  • The policy affects sectors that commonly employ H-1B holders, notably technology and public higher education, since H-1B visas are mainly used for STEM roles; exceptions to the freeze require written permission from the Texas Workforce Commission.

TEXAS - Governor Greg Abbott has ordered a formal examination of the H-1B visa program as used within Texas and has commanded state agencies and public universities to halt new H-1B visa petitions.

In a written directive circulated to state agencies, the governor cited recent reports alleging abuses in the federal H-1B program and pointed to the federal government's own review of the program intended to ensure American jobs are awarded to American workers. The directive instructs state entities to immediately suspend submitting new H-1B petitions.

The suspension is scheduled to remain in place through May 31, 2027. The governor's order permits limited exceptions: state agencies may proceed with new petitions only when they have obtained written authorization from the Texas Workforce Commission.

To provide a baseline for the state investigation, agencies have been given a deadline of March 27, 2026, to deliver a report. That report must enumerate how many new and renewal H-1B petitions each agency filed in the prior year, specify the number of visa holders sponsored by the agency, and list the countries of origin and job classifications of those sponsored visa holders.


Other states are taking similar actions. Florida's Board of Governors, which oversees that state's public university system, is seeking to pause H-1B petitions for public universities until January 5, 2027.

Under federal law, H-1B visas enable highly skilled foreign professionals in specialized occupations - predominantly in science, technology, engineering and mathematics - to work in the United States. The program allocates 65,000 visas annually, with an additional 20,000 visas reserved for workers who hold advanced degrees. Typical approvals under the program range from three to six years.

Last year, President Donald Trump introduced a new one-time fee of $100,000 for new H-1B applicants. That policy was challenged in court by more than 20 states, with Texas not among the challengers. The Trump administration has asserted that the H-1B program has been subject to misuse by some U.S. employers seeking to replace American workers with lower-paid foreign workers.


The governor's directive creates an immediate administrative pause affecting state agencies and public universities in Texas, while the required reporting is intended to give state officials a clearer picture of H-1B usage inside state institutions. The order also establishes a firm end date for the freeze and a specific mechanism for limited exceptions through the Texas Workforce Commission.

At present, the directive confines its scope to new H-1B petitions by state agencies and public universities in Texas and does not provide additional details beyond the reporting requirements and the exception process described above.

Risks

  • Uncertainty over how the freeze will affect staffing for state agencies and public universities that sponsor H-1B workers, particularly in specialized STEM roles.
  • Potential administrative complexity for agencies seeking written exceptions from the Texas Workforce Commission, which could delay hires or renewals.
  • Legal and policy uncertainty remains at the federal level after last year’s new $100,000 one-time fee for new H-1B applicants was challenged by more than 20 states, with the Trump administration contending the program has been abused.

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