Texas Pushes H-1B Enforcement Beyond The Federal Status Quo

Texas officials have opened investigations into alleged H‑1B fraud, issuing civil investigative demands, directing audits, and launching legislative inquiries, despite the federal government’s exclusive authority over the program.

While the immediate ramifications are limited to state consumer-protection law, the broader effects may not be. Employers should be aware that developments in Texas could influence H‑1B enforcement priorities well beyond the state’s borders.

Federal Framework

The H‑1B program is governed by the Immigration and Nationality Act and other federal regulations. This framework sets the requirements for employers hiring foreign workers in specialty occupations and is the basis for fraud investigations and enforcement. US Citizenship and Immigration Services enforces compliance through site visits. During these reviews, officers may interview personnel, review records, and issue administrative subpoenas. Refusal to cooperate can result in denial or revocation of