In the last year under President Trump, the H-1B visa program has received intense scrutiny. From accusations of fraud and abuse to the recent Proclamation charging $100,000 for certain H-1B filings, this visa category has been under attack. Now, two states, Florida and Texas, are limiting the use of the H-1B visa to align themselves with the Trump administration’s anti-immigration agenda.
On January 27, 2025, Texas Governor Greg Abbott directed a freeze on new H-1B filings through May 31, 2027, at all public universities and state agencies. State agencies and universities have until March 27, 2026, to provide the Texas Workforce Commission with detailed reports, including the number of new and H-1B extension petitions submitted in 2025, the number of H-1B holders currently sponsored, job titles, countries of origin, and visa expiration dates. While institutions may be able to proceed with new H-1B filings if granted special permission by the Texas Workforce Commission, at this point, there is no guidance on how to apply for an exception or what would be required to warrant such an exception. Furthermore, state agencies and universities have been ordered to provide documentation demonstrating efforts to provide qualified Texas candidates with a reasonable opportunity to apply for each position filled by H-1B visa holders. Referencing President Trump’s proclamation, Restriction on Entry of Certain Nonimmigrant Workers, Governor Abbott stressed that the H-1B program was created to supplement the United States workforce, not replace it. However, without citing to any credible evidence, the governor claimed that the H-1B program has been exploited and that employers are using the program to undermine wages.
Florida quickly followed this restrictive example, and on Thursday, January 29, 2026, Governor Ron DeSantis called for Florida universities to pause hiring international faculty and staff members via the H-1B program. The proposed moratorium would forbid the use of the H-1B program for new employees through January 5, 2027. The measure will go for a final vote at the next meeting of the State University System’s Board of Governors, scheduled in February.
The H-1B is a nonimmigrant visa designed for specialized occupations that require at least a bachelor’s degree and at universities can encompass a variety of critical employment areas, including IT, researchers, and professors. Compared to the private sector, H-1B employees make up a relatively small portion of the workforce in higher education and state agencies. However, there is already concern in the higher education community that the freeze will limit their ability to recruit and retain top talent. Without the ability to file new H-1Bs, prospective candidates may look for employment opportunities in other states. Employers should bear in mind that they are not without options. The freeze does not impact current H-1B employees, renewals, or other visa categories. While the H-1B option is commonly used for professional positions, citizens of Canada or Mexico may be eligible for the TN visa if they meet the requirements under the United States-Mexico-Canada Agreement (USMCA). Researchers, medical residents, and postdocs may be better suited for the J-1 exchange visitor program. Individuals of extraordinary ability can potentially meet the higher standard for the O-1 visa. The ability to hire foreign nationals has not completely gone away, however, it will push employers to explore alternatives that may require additional planning.
The question now is whether similar H-1B freezes will expand to other states or other visa categories. Currently, no other states have come forward with similar plans and the government remains focused on the H-1B program. It is possible that some states may be waiting to see how the H-1B freezes will play out in Texas and Florida to analyze the impact. It is also likely that other states do not see the utility in limiting state agencies and universities from hiring the best-qualified candidates for highly skilled positions.
Critics of the decision to end H-1B sponsorship have already called out that the freeze is at odds with Texas state health priorities. Texas, like most states, is experiencing physician shortages, particularly for specialists in medically underserved areas. To combat this problem, the Texas Doctor Act went into effect in January 2026. The Act streamlines the licensing process for foreign-trained physicians by allowing qualified international medical graduates (IMGs) to obtain provisional licenses to practice under supervision in underserved areas. However, under the freeze, hospitals and medical research institutions under the state’s university system are also impacted, which will add to the problem of critical shortages and undermine the purpose of the Doctor Act. These ill-advised restrictions will mean that universities may not be able to pursue talented faculty members and patient care will suffer. In sum, the H-1B suspension represents short-sighted public policy which will have negative consequences.
The material contained in this article does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
Reprinted with permission from the February 6, 2026 edition of The Legal Intelligencer© 2026 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. ALMReprints.com – 877-257-3382 – reprints@alm.com.
