In a letter to the heads of state agencies, Gov. Greg Abbott mandated a halt to the processing of H-1B visas across state institutions and public universities, as well as directing agencies and universities to create a report on all existing and new H-1B applicants and workers. Experts worry that the pause will harm specialized workers — such as researchers, professors and engineers — at state institutions and public universities in Texas, stressing that H-1B visa applicants will take their specialties to other states.
H-1B visas are a competitive type of visa program that allows employers to hire foreign nationals to work in the U.S. The program was established under former President George H.W Bush with the signing of the Immigration Act of 1990. Congress determines the number of people who can be admitted for an H-1B visa; caps have been set at 65,000 for regular H-1B visas and 20,000 for applicants with a master’s degree or higher. The federal government has official control over the H-1B process; state governments can only control traffic for their own institutions and cannot limit the number of applicants that companies petition for.
The letter called for an overhaul of the H-1B visa program across all public universities and state agencies on Jan. 26. Abbott expressed ethical concerns over worker pay and exploitation, arguing that the H-1B visa program allows employers to hire more foreign nationals than U.S. citizens.
“Bad actors have exploited this program by failing to make good-faith efforts to recruit qualified U.S. workers before seeking to use foreign labor,” the letter states. “Employers have even fired American workers and replaced them with H-1B employees, often at lower wages.”
Abbott does not elaborate or offer any evidence on the firing of citizens or the exploitation of the H-1B program in the letter.
The National Foundation for American Policy report outlines that 700,000 people in the U.S. had an H-1B status, with Texas having 40,000 H-1B workers out of its 15 million workers in 2025. In 2024, the average salary of a H-1B visa holder in a computer-related industry was $136,000, and 63% of H-1B visa workers earned a master’s degree or higher, indicating that the most sought-after foreign workers overall are skilled.
Furthermore, the H-1B visa is a costly process. Companies can pay up to $34,000 for renewals and $50,000 for permanent residency sponsorship. While government institutions get special exemptions from H-1B filing fees, visa applicants remain a costly endeavour, as companies and government institutions must pay application fees and their H-1B workers a similar wage as those of employees of an equal or akin skill set.
Until Texas has completed its reviews, Texas public universities and state agencies have been prohibited from petitioning for new H-1B visas without the written discretion of the Texas Workforce Commission. However, any pending application or worker with an H-1B visa will not be impacted because the letter only targets future applications. This directive will last until the end of the next legislative session, on May 31, 2027.
