The Texas H-1B Hiring Freeze, Explained by an Attorney

Today’s brief is brought to you by David Alexander Santiago, an immigration attorney with more than five years of experience and over 1,000 cases filed.

Texas Gov. Greg Abbott has ordered a new freeze on H-1B petitions for some state-run employers. As of Tuesday, public universities and many state agencies can’t start new H-1B filings without prior written government approval. The pause will last until May 31, 2027.

Affected agencies must now get written permission from the Texas Workforce Commission if they want to hire a foreign worker under this program.

H-1B audit

Abbott also ordered a review of all current H-1B workers in state-run institutions. By March 27, 2026, these institutions must send a report to the Texas Workforce Commission. This report must include:

How many new and renewal H-1B petitions were filed in 2025
The total number of H-1B workers currently at the agency
The home countries and job titles of those workers
When each worker’s visa is set to expire
Proof that the agency tried to hire a Texan before hiring a foreign worker

It’s unclear what problem the new directive is supposed to solve. Much of the data requested is already tracked at the federal level, and the law already requires H-1B employers to make a good faith effort to recruit U.S. workers before turning to the H-1B program. The process requires agencies to declare job titles, wages, and work locations to ensure that hiring a foreign worker doesn’t impact the American workforce.

U.S. Citizenship and Immigration Services (USCIS) also conducts its own site visits and audits to verify that employees are working in the roles described in their petitions. If American workers were losing out on job opportunities in Texas, the federal government should already have addressed this as an issue.

What this means for workers in Texas

This is not a change to federal law. USCIS still handles H-1B applications. This order only changes how Texas spends its own budget for state-funded jobs. Here’s what to know:

Private companies aren’t affected: Unless you work for a state agency headed by a gubernatorial appointee, or a public university, this order doesn’t apply to you.
Current visas are still valid: The order focuses on new petitions. It doesn’t cancel visas for people already working in Texas.
State authority: Abbot is using his power as governor to control how state agencies spend their money to sponsor workers.

While the state can pause its own hiring, it can’t change who qualifies for an H-1B visa under federal rules. The governor is also limited to restricting only those employers that fall under his office’s purview; an agency overseen by another elected official may still be able to continue hiring H-1B workers.

While the state-level freeze is narrow, it’s part of a trend of increasing restrictions on the H-1B visa, including:

New federal fees: In late 2025, a new $100,000 fee was introduced for many new H-1B petitions.
Vetting delays: Expanded social media vetting for H-1B and H-4 applicants has delayed some visa interview dates.
Lottery: While this order hits the cap-exempt pipeline, the standard H-1B lottery is changing drastically this year to favor roles with higher salaries.

Because of this, you may want to consider alternate strategies or pathways. If you have a strong record of research or specialized skills, the O-1 visa is exempt from the $100,000 fee and this new state restriction. You are also exempt from the $100,000 fee if you are already in the U.S. with a valid status.

You may also want to move forward with plans to get a Green Card by looking into the EB-2 NIW or EB-1A visas, which let you sponsor yourself without requiring an employer to file a petition. There are many alternatives for accomplished and exceptional professionals to remain in the United States.

Sincerely,