Texas Governor Orders Freeze on New H‑1B Petitions for State Agencies and Public Universities

Key Points 

• On January 27, 2026, the Governor of Texas issued a directive requiring state agencies controlled by a gubernatorially appointed head and public institutions of higher education to freeze new H‑1B visa petitions until May 31, 2027, unless written approval is obtained from the Texas Workforce Commission

H-1B petitions for State Agencies  

On January 27, 2026, the Governor of Texas issued a directive requiring state agencies controlled by a gubernatorially appointed head and public institutions of higher education to halt the initiation or filing of new H‑1B petitions. The freeze remains in effect until the Texas Legislature’s 90th Regular Session ends on May 31, 2027, unless the Texas Workforce Commission provides written permission.

The directive states that this action ensures state‑funded employment opportunities prioritize qualified Texas workers while federal authorities continue reviewing the H‑1B program.

Key Requirements

Freeze on New H‑1B Petitions

• State agencies controlled by a gubernatorially appointed head and public institutions of higher education may not initiate or file new H‑1B petitions without written permission from the Texas Workforce Commission.
• The freeze remains in effect until May 31, 2027.

Mandatory Reporting by March 27, 2026

Agencies and institutions must report the following to the Texas Workforce Commission: 

• Number of new and renewal H‑1B petitions submitted in 2025
• Number of current H‑1B visa holders
• Countries of origin of all sponsored H‑1B workers
• Job classifications and descriptions for each H‑1B employee
• Anticipated expiration date of each worker’s status
• Documentation of recruitment efforts showing that qualified Texas candidates were given a reasonable opportunity to apply before an H‑1B petition was filed

Implementation Guidance

• The Texas Workforce Commission will issue any guidance needed to carry out the directive. 

Stated Purpose of the Directive 

According to the letter, these steps are intended to allow time for: 

• The Texas Legislature is to consider statutory requirements for future employment practices involving federal visa holders 
• The U.S. Congress is to modify federal law 
• The federal administration is to implement reforms to address misuse of the H‑1B program 

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