TMA Secures Clarification on State H-1B Visa Restrictions
By Amy Lynn Sorrel

After working closely with the Texas Workforce Commission (TWC) and state officials, the Texas Medical Association has secured clarification regarding state H-1B visa restrictions that translates to good news for the Texas physician workforce.

Gov. Greg Abbott on Jan. 27 instituted a freeze on new H-1B visa petitions by state universities and agencies in Texas. The move followed a September 2025 presidential proclamation setting a $100,000 fee for new H-1B visas that, barring renewal, is in effect until Sept. 21, 2026.

In meetings with TWC and state officials to obtain more information regarding the governor’s directive, TMA confirmed the current freeze does not apply to H-1B visa renewals. Nor does it preclude state medical schools and health science centers from applying for new H-1B visa petitions on behalf of potential physician hires, although state employers must first obtain approval from TWC to do so. As of this writing, TMA still awaited details on the commission’s criteria for evaluating and granting new applications.

During those conversations, TMA emphasized the critical role international medical graduate physicians (IMGs) play in addressing Texas’ growing health care needs, rural shortages, and research priorities, says President Jayesh “Jay” B. Shah, MD.

While not the outright exemption TMA sought, the state’s clarifications represent steps toward preserving an important part of the Texas physician workforce, of which IMGs comprise about 27%, he adds.

“This is very good news for physicians who want to practice in Texas, especially when it comes to staffing at medical schools, health science centers, and Texas medical research centers,” Dr. Shah said.

TMA also confirmed that H-1B visa renewals, while not subject to the new $100,000 fee, are still subject to separate and usual federal fees.

In his January order, Governor Abbott directed TWC to establish a pathway for state agencies and public institutions of higher education to first secure “written permission” from the commission to “initiate or file any new petition to sponsor a nonimmigrant worker under the federal H-1B visa program until the end of the Texas Legislature’s 90th Regular Session on May 31, 2027.”

Following up on the governor’s instruction, TWC set up that pathway in early April with a portal for state employers, through which sponsoring medical schools and health science centers can request TWC approval to submit new H-1B visa petitions to the U.S. Department of State.  Upon completing the portal form, TWC says an agency representative will supply employers with “a petition package with detailed instructions that you must complete and return to TWC.”

TMA continues to monitor developments on the state process, as well as at the federal level. The latter includes the newly introduced H-1Bs for Physicians and the Healthcare Workforce Act, H.R. 7961. The American Medical Association-supported legislation aims to exempt physicians and other health care professionals from the federal $100,000 filing fee on new H-1B visa petitions. 

Follow TMA’s state and federal advocacy. 

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