Bad News for H1B Visa Holders in the Great State of Texas

Texas has delivered another blow to the H-1B visa program. This time, the state's agriculture commissioner is ratcheting up the pressure on Gov. Greg Abbott.

Texas Agriculture Commissioner Sid Miller announced Wednesday that businesses employing H-1B visa holders will no longer qualify for certain taxpayer-funded grants administered by the Texas Department of Agriculture.

And Miller isn't stopping there. He's challenging other state officials to follow his lead.

According to the department's official announcement, the policy is intended to prioritize Texas workers when public money is being distributed to private employers. Miller was blunt:

"Texas taxpayers work hard for their money. They deserve to know that their tax dollars are being used to create opportunities for Texans—not to subsidize businesses that choose foreign labor while Texans are ready and willing to work."

He added:

"If a company wants taxpayer support, it should demonstrate a commitment to the people paying the bill. Texas workers should come first. Period."

Here’s the deal. Businesses remain free to employ H-1B visa holders under federal law. But qualifying for a Texas taxpayer-funded grant is another matter.

The ag commissioner called out Abbott, who has been talking tough about the H-1B program for months.

"Governor Abbott has publicly declared that taxpayer-funded employment should prioritize Texans. I agree—and now it's time to turn that principle into action. Texans deserve more than tough talk."

Miller urged Abbott and other statewide officials to examine their grant programs and stop taxpayer dollars from flowing to businesses that employ H-1B workers.

Abbott has largely been a paper tiger on the issue. In January, the governor ordered a freeze on new H-1B petitions by state agencies and public universities. The restriction runs through May 31, 2027, although institutions can seek written permission from the Texas Workforce Commission.

Abbott also ordered agencies to report information about their existing H-1B employees and recruitment practices. But they're not sweeping restrictions on H1Bs throughout the state, which many Texans are clamoring for.

There’s another problem. H-1B visas aren't the only route through which foreign workers enter the U.S. labor market. A policy focused exclusively on H-1B employment won't shut down the foreign worker pipeline. Companies can also use other employment-based visa categories, including L-1 intracompany transfers and other temporary-worker programs.

As RedState reported earlier, the Trump administration has been sharply reducing legal immigration, including employment-based visas. According to a Cato Institute analysis, H-1B visas, together with H-4 visas for qualifying family members, declined 78% between February 2024 and February 2026.

The Agriculture Department's new grant rule won't overhaul the entire Texas labor market. It does, however, advance the requirement that state financial assistance should only be used to advance the interests of American workers.

Now we'll see whether Abbott and other Texas officials are ready to apply that principle across the state.

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