Texas Suspends H-1B Filings: How Can International Students Still Stay in the U.S.?

Last week, Texas Governor Greg Abbott officially ordered an immediate suspension of all new H-1B visa applications.

The freeze will last one year and four months, through May 31, 2027, with the stated goal of protecting employment opportunities for the local workforce.

It is important to note that this policy only applies to Texas state government agencies and public universities.

(Source: AP News)

The H-1B visa has long been one of the most important pathways for foreign nationals seeking to work in the United States. However, its core legal weakness lies in its structural dependency:

The legality of H-1B status is entirely tied to both the sponsoring employer and federal policy, leaving applicants with little ability to respond to regulatory changes or employer decisions. This dependency represents an inherent and unavoidable risk.

Four Major Uncertainties of the H-1B Program

1. Policy Uncertainty

H-1B regulations are not fixed. Eligibility criteria, filing fees, and adjudication standards can all be adjusted through administrative action, without the need for new legislation.

As a result, when policies tighten, applicants have no negotiating power and must passively adapt. For example, in 2025, the Trump administration abruptly increased application fees and expanded social media scrutiny, leaving applicants with virtually no recourse.

2. Lottery Uncertainty

H-1B quotas have long been oversubscribed. Whether through random selection or wage-based weighted lotteries, no applicant can be guaranteed selection.

Even individuals with high salaries or advanced degrees face uncertainty, and failure to be selected can abruptly derail long-term career plans.

3. Employer Dependency

H-1B status is tightly bound to the sponsoring employer. Changing jobs requires filing a new petition, and termination of employment typically triggers a 60-day grace period to find alternative status or depart the U.S.

4. Green Card Transition Risk

Transitioning from H-1B to permanent residence usually requires multiple steps—PERM labor certification, immigrant petition filing, and adjustment of status—all of which depend heavily on ongoing employer cooperation.

The process can take years. If an employer withdraws support or the labor certification is denied, the green card process may collapse entirely, with little chance of recovering the time and financial investment already made.

These Risks Are Not Theoretical—They Are Happening Now

The uncertainties above are not hypothetical. According to an official announcement by U.S. Citizenship and Immigration Services (USCIS) on January 30, 2026, electronic registration for FY 2027 H-1B will open at 12:00 p.m. EST on March 4 and close at 12:00 p.m. EST on March 19.

While the registration process remains largely unchanged, two major developments deserve attention:

1. Weighted Lottery System

When registrations exceed the annual cap, USCIS will prioritize applicants with higher skill levels and higher wages. H-1B is no longer simply a matter of luck—pre-selection based on wage tiers now occurs before the lottery itself.

2. Additional Employer Fees

In September 2025, President Trump signed a presidential proclamation requiring certain employers to pay an additional USD 100,000 fee after selection but before petition filing. While this does not affect the lottery itself, it significantly increases post-selection costs for some employers.

Together, these changes indicate that H-1B is no longer merely a probabilistic gamble, but a long-term pathway filled with compounding uncertainties, prompting many applicants to explore alternative immigration options.

 

Employment-Based Green Card Options

As the traditional H-1B-to-green-card route becomes more constrained, applicants often consider other employment-based immigrant categories:

1. EB-2 / EB-3 (Advanced Degree / Skilled Workers): These categories are commonly used by professionals pursuing permanent residence through long-term employer sponsorship and the PERM labor certification process. Processing timelines vary depending on visa availability and individual case factors.

2. EB‑1A Extraordinary Ability & EB‑2 National Interest Waiver (NIW): These self-petition categories are designed for individuals whose professional achievements or proposed work meet specific statutory standards. They offer flexibility by not requiring employer sponsorship and are well-suited to applicants with qualifying credentials and experience.

3. EB-5 Immigrant Investor Program:The EB-5 program requires no specific professional background and no employer sponsorship. Applicants qualify by making a qualifying investment in a designated project and may apply directly for U.S. permanent residence. Currently, there is no official visa backlog, and applicants already in the United States may file concurrent adjustment of status applications. As a result, they may obtain an Employment Authorization Document (EAD) and Advance Parole (AP)as early as approximately 90 days after filing. The EAD permits lawful employment without employer sponsorship, while AP allows international travel while the application remains pending.

A Clear Message for International Professionals in the U.S.

Texas’s suspension of H-1B applications serves as another reminder:

Immigration status is not about how qualified you are, but whether the system allows you to stay.

Under nonimmigrant visa frameworks, individual effort alone cannot counterbalance policy shifts or employer decisions. Mature immigration planning therefore requires proactive, compliant, and forward-looking strategies, rather than reactive responses after risks materialize.

Globevisa: Over 15 Years of EB-5 Expertise

Globevisa has specialized in the EB-5 field for over 15 years, with over 50 integrated offices across six states and assisting over 5,000 families in obtaining U.S. permanent residence.

Since the implementation of the EB-5 Reform and Integrity Act of 2022, Globevisa has successfully facilitated funding for more than 20 EB-5 projects, achieving industry-leading results, including:

● Over 30 family approvals in a single month.

● Petition filings completed in as little as 21 days.

Globevisa is a member of IIUSA (Invest in the USA), has been recognized among the Top 25 Global EB-5 Agencies, and has received both the “2024 I-829 Approval Contribution Award” and the “2024 I-526 Approval Contribution Award.”

With EB-5 policy entering a phase of accelerated adjudication, today’s window of no backlog and concurrent filing benefits remains especially valuable.

We invite you to scan the QR code or click “Read More” to consult with Globevisa and begin planning your path to U.S. permanent residence—securely and proactively.