Texas Orders a Halt to New H-1B Petitions By State Agencies and Public Universities
Texas Gov. Greg Abbott told Texas state agencies and public universities in late January that they must stop filing new H‑1B visa petitions unless they secure a written exception from the Texas Workforce Commission (TWC). The freeze runs through the end of the Texas Legislature’s next session on May 31, 2027. Texas now joins Florida as one of two states that have ordered a pause on new H‑1B filings.
The governor said that this order will help Texas protect jobs for U.S. workers and improve oversight of H‑1B use by state groups. He noted that Texas has grown its job and skills base in recent years and aims to fill more roles with Texas workers. This pause also comes during an ongoing federal review of the H‑1B program.
What the Order Says
- All Texas state agencies must freeze new H‑1B filings.
Texas state agencies and public universities may not file new H‑1B petitions unless they first secure written consent from TWC. The pause lasts until May 31, 2027. - Texas state agencies must provide a full report to TWC by March 27 that lists:
- The number of new and renewal H‑1B filings in 2025
- The number of current H‑1B workers
- Each worker’s country of origin
- Each worker’s job title and job summary
- Each worker’s projected visa end date
- Proof that the agency gave Texas applicants a fair chance to apply before it filed a petition
- TWC will issue steps and rules to move this plan forward.
According to Gov. Abbott, these steps will give the Texas Legislature time to craft new rules for state hiring. It also gives Congress and the Trump Administration time to roll out reforms tied to the H‑1B program.
Impact on Employers and Schools in Texas
Only Texas state agencies and public universities must follow the freeze on H-1B petitions. Private employers in Texas may still file them.
State groups with roles that rely on foreign talent will face strict limits. Hiring plans for researchers, health care staff, tech roles, and other skilled fields may shift. Groups that want to file a new petition must now go through TWC to seek an exception.
Public universities may feel the strain more than most. Many rely on H‑1B workers in labs, clinics, and key research units. These schools will need clear job plans and proof of strong outreach to Texas workers before they seek any exception.
Early Trends Across States
For now, only Texas and Florida have ordered freezes on new H‑1B filings by state agencies. Other states have not yet signaled plans to adopt similar limits, but these two moves show a trend toward tighter state control of the H‑1B process in certain contexts.
What This Means for You
If your group is a state agency or public university in Texas, you should:
- Review any role that might need an H‑1B worker in the next 15 months. New filings now need TWC sign‑off.
- Prepare the required March 27 report. The list of data points is detailed and may take time to gather.
- Track visa end dates. You may renew current H‑1B workers, but you must include them in the report.
- Strengthen job posting steps. Gov. Abbott wants proof that Texas workers had a fair shot at each role.
- Build a plan for key jobs that might need exceptions. TWC has not yet said how it will judge requests.
If you are a private employer, you may still file H‑1B petitions. This order does not apply to you. But you may work with state groups or public schools on grants, lab work, or joint projects. In those cases, you should plan for delays or staffing gaps on the public‑sector side.
Next Steps
We suggest that your group:
- Review open or planned jobs that could need H‑1B support.
- Map the status of current H‑1B workers.
- Build a file of Texas‑based recruiting steps.
- Track TWC updates once released.
- Reach out early if you expect to seek an exception.
Please contact Brandon Davis, Laura Buck or any member of the Phelps Immigration team if you have questions or need advice or guidance.