On January 27, 2026, Governor Greg Abbott issued a directive requiring Texas state agencies and public institutions of higher education to freeze the filing of any new H-1B petitions through May 31, 2027. The Texas Workforce Commission (TWC) is now the gatekeeper. Affected employers must obtain written permission from the TWC before initiating any new petition, and they must submit detailed sponsorship reports by March 27, 2026.
Who Is Actually Affected
The directive applies only to Texas state agencies controlled by gubernatorially appointed heads and public institutions of higher education, including state university systems and their affiliated medical schools and teaching hospitals. Private sector employers are not directly targeted. Renewals and extensions of existing H-1B status at affected employers appear to remain outside the scope of the freeze. If you currently hold H-1B status through a private Texas employer, a private hospital, a federal agency, or an out-of-state employer, this directive does not restrict your sponsorship.
What the TWC Report Requires
Affected institutions must report the number of new and renewal H-1B petitions filed in 2025, the current count of sponsored H-1B workers, countries of origin, job classifications, expiration dates, and documentation of recruitment efforts directed at Texas workers before filing.
Five Strategic Pathways If You Are Affected
O-1 Extraordinary Ability Visa.
Foreign nationals with sustained national or international acclaim in sciences, education, business, athletics, or the arts may qualify. No lottery. No cap. Available year round.
Cap-Exempt H-1B Through Affiliated Employers.
Under 8 CFR 214.2(h)(8), certain non-state nonprofit research organizations, nonprofits affiliated with institutions of higher education, and private employers whose H-1B workers spend the majority of their work time performing duties at a qualifying cap-exempt institution may still sponsor cap-exempt H-1B workers.
Private Sector H-1B Transfer.
Moving from a public university position to a private company, hospital system, or consulting firm in Texas or elsewhere allows continued H-1B employment without a new lottery, provided the worker was previously counted against the cap.
EB-1A Extraordinary Ability Green Card.
Self petitioned, no employer required, no labor certification. Suitable for researchers, faculty, and professionals with significant publications, awards, or original contributions.
EB-2 National Interest Waiver (NIW).
Self petitioned under the Dhanasar framework for professionals whose work has substantial merit and national importance.
FAQ SECTION
Q: Does the Texas H-1B freeze affect private sector workers?
A: No. The directive applies only to Texas state agencies controlled by gubernatorially appointed heads and public institutions of higher education. Private companies, private hospitals, and federal agencies in Texas are not subject to the freeze.
Q: When does the Texas H-1B freeze end?
A: The freeze remains in effect until May 31, 2027, which marks the end of the Texas Legislature’s 90th Regular Session.
Q: Are H-1B renewals affected by the freeze?
A: Based on the directive as issued, renewals of existing H-1B status at affected employers are not within its scope. The freeze targets new petitions. Affected employers should confirm with the Texas Workforce Commission before filing extensions.
Q: Can a Texas public university still hire a foreign worker during the freeze?
A: Only with written permission from the Texas Workforce Commission. Each new petition requires prior approval, which must be requested on a case by case basis.
Q: What happens if my current employer is a Texas public university and my H-1B is expiring?
A: Speak with counsel immediately. Depending on your situation, a transfer to a private employer, a cap exempt pathway through a non-state affiliated entity, or an employment based green card such as EB-1A or EB-2 NIW may preserve your ability to continue working in the United States.
Q: Can I self petition for a green card without an employer?
A: Yes. The EB-1A extraordinary ability and EB-2 National Interest Waiver categories both permit self petitioning, meaning you do not need an employer to sponsor you or file a PERM labor certification.
Q: What does the TWC reporting requirement include?
A: Affected Texas agencies and universities must submit reports covering the number of new and renewal H-1B petitions filed in 2025, total current H-1B workers, countries of origin, job titles and classifications, expiration dates, and documentation showing Texas workers were given opportunities to apply before H-1B sponsorship was pursued.
