Texas Governor Greg Abbott has issued a directive instructing all state agencies and public institutions of higher education to halt the filing of new H‑1B visa petitions until May 31, 2027, pending further review of the federal H‑1B program. The order comes amid ongoing federal scrutiny of the program and concerns about potential misuse by employers.
Overview
In the letter issued to state agency heads, Governor Abbott emphasized that employment opportunities within Texas state government should prioritize Texas residents. Citing recent reports of alleged abuse of the H‑1B program — including insufficient recruitment of US workers and instances in which American employees were replaced by H‑1B workers — Abbott stated that the program must align with its original purpose: to fill specialized roles where no qualified US workers are available.
Under the directive:
- State agencies and public institutions of higher education may not file new H‑1B petitions without written authorization from the Texas Workforce Commission (TWC).
- The freeze remains in effect until the end of the 90th Regular Session of the Texas Legislature on May 31, 2027.
Reporting Requirements for 2025 Activity
Governor Abbott’s directive also requires state agencies and higher education institutions to submit detailed reports to the TWC by March 27, 2026, including:
- The number of new and renewal H‑1B petitions submitted in 2025
- The number of current H‑1B workers sponsored
- Country of origin for each H‑1B worker
- Job titles and descriptions
- Visa expiration dates
- Documentation of recruitment efforts demonstrating that qualified Texas candidates were given a reasonable opportunity to apply before sponsorship decisions were made
The TWC will issue additional guidance to implement the new requirements.
Context
Governor Abbott highlighted significant state investments in education, workforce development, and technical training — including a $5 billion investment in higher education modernization in 2023 and additional allocations for workforce initiatives in 2025. He cited these efforts as positioning Texas workers to meet employer demand and as justification for ensuring state jobs are filled by Texans whenever possible.
The freeze is intended to provide time for:
- The Texas Legislature to consider statutory changes related to hiring and visa use
- Congress to evaluate potential federal reforms
- The administration to implement policy changes aimed at preventing misuse of the H‑1B program
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.