Texas Governor Orders State Agencies, Public Universities To Pause New H-1B Visa Petitions

Texas Governor Greg Abbott has instructed state agencies and higher education institutions to cease filing new H-1B petitions without written permission from the Texas Workforce Commission.

The pause is effective as of January 27, 2026 and will remain in effect until May 31, 2027, according to the governor’s directive. At this time, Texas legislators will also begin drafting hiring restrictions for state institutions looking to onboard H-1B talent.

This development does not mean that USCIS has ceased accepting or processing H-1B applications in Texas. Rather, Abbot’s order states that publicly controlled Texan state institutions must receive written government approval before they can sponsor a foreign worker.

The rule only applies to state agencies controlled by gubernatorially appointed heads and public universities. Agencies led by other elected officials, such as the Attorney General's Office, and private companies are not affected.

State agencies and universities are now subject to a mandatory H-1B audit

In addition, Governor Abbot’s directive declares that all affected agencies must submit a comprehensive report on their H-1B workers to the Texas Workforce Commission. By March 27, 2026, each state agency and higher education institution must declare:

• The number of new and renewal H-1B petitions submitted in 2025
• How many H-1B workers it currently employs
• The nationalities of each H-1B employee
• The role classification and description of each H-1B worker
• The H-1B visa expiration dates for each H-1B employee
• Proof that they attempted to hire eligible domestic talent prior to resorting to H-1B workers

Implications for current and future H-1B workers in Texas

Manifest immigration attorney Ana Gabriela Urizar says the Texas governor has the authority to pause state agencies’ budget to hire foreign workers. “This doesn’t change who qualifies for an H-1B visa or how USCIS operates,” she says. “Essentially, these public institutions can no longer petition because they no longer have the clearance to include this in their budgets.”

The Texan state government has not released any guidance on how current H-1B employees would be affected after the mandatory audit. Urizar recommends that in the meantime, those affected should keep an eye out for future state government updates.

More resources on H-1B policy updates

• The H-1B visa lottery will look completely different in 2026
• The State Department will now vet the social media profiles of H-1B, H-4 applicants
• USCIS halts decisions for individuals from countries in latest travel ban