Without any grace period for implementation, investigation results, or opportunity for prior comment by H-1B employers in the State of Texas, Governor Abbott issued a letter on January 27, 2026, addressed to all state agency heads stating that, “The economy of Texas should work for the benefit of Texas workers and Texas employers.” The letter proceeds to direct all state agencies with a gubernatorially appointed head and public institutions of higher education to immediately freeze the filing of new H-1B non-immigrant visa petitions, as outlined.
Governor Abbott asserts in his letter that, in his view, some employers have misused the federal H-1B program by not making sufficient efforts to recruit qualified U.S. workers before seeking to use foreign labor. Labor market tests are usually included as a required step in seeking pathways to U.S. legal permanent residence (aka “green cards”), but the H-1B nonimmigrant category does not require a labor market test. Employers are required, however, to comply with and make certain attestations as to worksite conditions and wage requirements for the worksites stated in an H-1B Labor Condition Application (LCA). The governor also outlines that the state government must lead by example and ensure that employment opportunities, particularly “those funded by taxpayer dollars,” must be filled by “Texans” first.
The pause of the filing or initiation of any “new” H-1B petition applies to any state agency controlled by a gubernatorially...
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