Abbott H-1B Visa Freeze: Legal Analysis

by Archynetys Economy Desk

BRYAN, Texas (KBTX) – Governor Greg Abbott announced Tuesday that all Texas universities and state agencies must immediately freeze new H-1B visa petitions through the end of the 2027 legislative session.

The directive also requires all state agencies under the governor’s control, as well as all public university systems and higher education institutions, to conduct a comprehensive review of current H-1B visa programs following what the governor’s office described as “recent reports of abuse” within the program.

H-1B visas are used for workers with specialized skill sets in fields such as science and research. According to the U.S. Department of Labor, the visa program allows U.S. employers to temporarily hire foreign workers for jobs that require specialized expertise and at least a bachelor’s degree.

“If you have a special skill set, you have to have a sponsor to get an H-1B,” Jeremy Rosenthal with Texas Defense Firm said. “That would be usually an employer or a university. If that sponsorship isn’t there, then the visa is revoked and the person is here without status.”

According to U.S. Citizenship and Immigration Services data, Texas A&M University is the state’s 17th-largest employer of H-1B visa holders, with 214 currently on staff. Texas A&M AgriLife Research also ranks among the state’s top 100 H-1B users, employing 55 nonimmigrant workers through the program.

H-1B visas are temporary and tied specifically to the job an employee performs. Rosenthal noted that visa holders can eventually apply for permanent residency or citizenship.

“The longer somebody is in our country, the different types of visas that they can apply for. They can try to become a permanent resident at some point, and they can even try to become a citizen,” he said.

The freeze could impact hiring for specialized research roles. Rosenthal said universities with funding for research programs may be affected.

“This is really going to impact hiring PhDs to come in and do cancer research,” he said. “Places like MD Anderson, that’s in the University of Texas Health System. Texas Tech has a large health and science center. So these are the types of places that have funding for this type of research and programs.”

Given that only 5 percent of H-1B visas in Texas are sponsored by universities and colleges, the overall impact may be limited, according to Rosenthal.

All state agencies and universities must submit detailed reports on their current H-1B visa holders by March 27, 2026, including job classifications, countries of origin, and documentation of efforts to recruit Texas candidates before sponsoring foreign workers.

For Rosenthal’s full interview, click the video player above.

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