Cap-Exempt Jobs in Texas and Florida After the University H-1B Freezes: Who Can Still File

UT Southwestern, MD Anderson and UF sit inside the state H-1B freezes; Rice, Baylor College of Medicine and the University of Miami do not. Here is the employer map.

Part of our guide to cap-exempt H-1B employers.

Status as of November 1, 2026. The Florida universities H-1B pause is in effect: the Board of Governors paused new H-1B hires at all 12 public universities from March 2, 2026 until at least January 5, 2027, and renewals are unaffected. The Texas public university H-1B freeze is also in effect: state agencies run by governor-appointed heads and public institutions of higher education may not file a new H-1B petition without written Texas Workforce Commission (TWC) permission until May 31, 2027. Private universities, private medical schools and qualifying nonprofits in both states are outside both freezes and can still file cap-exempt H-1Bs. UT Southwestern, MD Anderson, Texas A&M, UT Austin, UF, FSU and USF are inside.

The federal cap-exemption rules in force since January 17, 2025 have not changed. A draft USCIS proposal, "Reforming the H-1B Nonimmigrant Visa Classification Program" (RIN 1615-AD00), has been under OIRA review since August 24, 2026; its agenda abstract mentions "revising eligibility for cap exemptions", but no text is public. Our explainer on the Texas and Florida freezes covers why the states acted; this page maps who can still file.

Who can still file cap-exempt H-1Bs in Texas and Florida?

In Texas and Florida, private nonprofit universities such as Rice, Baylor College of Medicine and the University of Miami, nonprofit research organizations, and nonprofits that meet the federal affiliation test can still file cap-exempt H-1B petitions at any time of year. Public universities and their medical centers cannot file new ones until their state's freeze ends or, in Texas, TWC gives written permission.

The table sorts the largest university H-1B filers in both states by side. Counts are USCIS first decisions on H-1B petitions (approvals plus denials, initial and continuing employment) for FY2024 through FY2026 in the USCIS H-1B Employer Data Hub extract our employer pages use. FY2026 is partial there, so read the totals as history, not open jobs.

Texas and Florida university H-1B filers, inside vs outside the freezes (status as of 2026-11; counts FY2024 to FY2026, FY2026 partial)

Two things stand out (our arithmetic). The three private institutions together (848) had fewer petitions than UF and UT Southwestern combined (1,197), so the open pool is real but smaller. And the two biggest academic medical centers in the table, UT Southwestern and MD Anderson, are public institutions, not private hospitals. The live Hub says it now covers FY2026 (quarter 4), so it may run ahead of these figures. Browse more filers on our Texas and Florida employer hubs, or by metro for Houston, Dallas and Miami.

Texas public university H-1B freeze: what the governor's letter covers

Governor Abbott's January 27, 2026 letter to agency heads directs only state agencies and public institutions of higher education, not private employers. Its operative sentence:

"No state agency controlled by a gubernatorially appointed head or public institution of higher education shall, without the written permission of the Texas Workforce Commission, 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."

Three details matter for your search (our reading, not a legal opinion):

• "Public institution of higher education" is broader than "university." It reaches health science centers and medical schools in public systems, and may reach public community and technical colleges.
• "New" is the operative word. The letter's reporting section asks for "new and renewal petitions" as separate counts, which suggests renewals sit outside the freeze. Your institution's international office decides how it reads this.
• Private employers and K-12 districts are outside it. The order "did not apply to K-12 schools," the Texas Tribune reported on August 18, 2026; the governor's plan to bar H-1B holders from public schools is only a proposal for the 2027 Legislature.

The letter also directs TWC to "issue any guidance necessary", and says these steps give the Legislature time to set "statutory guardrails", so the 2027 session could replace the freeze with a statute; nothing published says how.

UT Southwestern H-1B status and the other UT System medical centers

On the plain text, UT Southwestern and MD Anderson are inside: both are institutions of the public University of Texas System, so neither can file a new H-1B petition before May 31, 2027 without written TWC permission. The same goes for the other public health institutions in the UT and Texas A&M systems: if the entity that will sign Form I-129 is public, treat it as inside until it tells you otherwise in writing. Clinical partners that are separate legal entities, such as private nonprofit hospitals or county hospital districts, raise different questions (see the edge-case table). If your offer is from one of these public employers, ask in writing whether it has requested TWC permission and when it would file, then run the worked timeline below against your own EAD end date.

The Florida universities H-1B pause: 12 schools, until at least January 5, 2027

On March 2, 2026, Florida's Board of Governors approved a pause on new H-1B hires at all 12 public universities, taking effect immediately and staying in effect "at least through January 5, 2027," according to Central Florida Public Media. The same report says the pause "does not impact workers who are currently employed or up for renewal on those visas."

The State University System institutions inside it are Florida A&M, Florida Atlantic, Florida Gulf Coast, Florida International, Florida Polytechnic, Florida State, New College of Florida, Central Florida, Florida, North Florida, South Florida and West Florida. "At least" makes January 5, 2027 a floor, not an automatic end date, so check what the Board does after it.

Private nonprofit universities such as the University of Miami are outside the pause and file under the same federal rules as before. Three loose ends:

• UF Health. A public commenter at the meeting argued that the ban "as written, also applies to UF Health"; the report does not say whether the Board agreed. Ask the specific UF Health employer.
• UF's own process. According to news reports from late October 2026, UF pulled an H-1B notice, and its president said the notice lacked his approval.
• State colleges. Florida's state colleges are a separate system and are not named in the coverage we read; ask the college.

Cap-exempt H-1B jobs in Texas outside the freeze

Any employer that is neither a governor-run state agency nor a public institution of higher education is outside the Texas freeze. Federal rules then leave four routes to a cap-exempt H-1B:

• Private nonprofit universities and medical schools. Rice and Baylor College of Medicine (separate from Baylor University in Waco) lead the table; SMU, TCU and Baylor University are private too. Check each one's history in the Hub.
• Nonprofit research organizations, where basic or applied research is "a fundamental activity" (how they qualify).
• Nonprofits related to or affiliated with a university, under the test below.
• Roles placed at a qualifying institution. A worker not employed directly by a qualifying entity can be cap-exempt if they "spend at least half of their work time performing job duties at a qualifying institution" in work that furthers its mission; telework can count.

Cap-subject private employers are outside the freeze too, but need a registration selected in the annual lottery, and USCIS has not announced FY2028 registration. See our Houston H-1B jobs guide and our cap-exempt employer guide for universities, research hospitals and nonprofits.

When does a nonprofit hospital count as cap-exempt?

Nonprofit status alone is not enough. Under 8 CFR 214.2(h)(8)(iii)(F), in effect since January 17, 2025, a nonprofit qualifies through shared ownership or control with a university, by being operated by or attached to one, or through a formal written affiliation agreement under which, in the regulation's words, "a fundamental activity of the nonprofit entity is to directly contribute to the research or education mission of the institution of higher education." It can also qualify on its own as a nonprofit research organization. A private hospital is outside the state freeze either way; whether it is cap-exempt is a question for its immigration attorney.

Edge cases: who should answer them

Where the freezes and the cap-exemption rules overlap, nobody should guess, including us.

Edge cases and who to ask (as of 2026-11)

Worked timeline: a public offer versus a private one

Take a hypothetical. You are on post-completion OPT with an EAD that ends 2027-08-31. You hold two research offers: one at UT Southwestern (public, Dallas) and one at Baylor College of Medicine (private, Houston).

After the EAD ends, the F-1 60-day grace period (intact while the D/S rule stays blocked) lets you remain in the US but not work; your DSO can confirm how it applies to you. Premium processing is currently 15 business days for most I-129s, per USCIS; a draft rule titled "Amending the Premium Processing Timeframe" (RIN 1615-AD25) has been under OIRA review since October 13, 2026, with no published text. If you are STEM-eligible, a timely STEM OPT extension could change the public-offer math; ask your DSO.

No cap-gap: the rule that turns a freeze into a deadline

Cap-gap will not bridge you to a university or nonprofit H-1B. The cap-gap provision in 8 CFR 214.2(f)(5) extends F-1 status and OPT only for the beneficiary of "an H-1B petition subject to section 214(g)(1)(A) of the Act", the annual cap. USCIS's cap-gap page says it "applies only to beneficiaries of cap-subject H-1B petitions, not to beneficiaries of cap-exempt H-1B petitions." (Citation note: in the text in force the provision is (f)(5)(vi); the eCFR now displays the blocked D/S rule's version of paragraph (f), which numbers it (f)(5)(vii). That display does not mean the D/S rule is live.) Our post on why cap-gap does not apply to cap-exempt H-1Bs works backward from an EAD end date.

If a frozen offer leaves you waiting, watch your unemployment clock: 90 days on post-completion OPT, 150 in aggregate on STEM OPT, per the SEVIS Help Hub. Your DSO handles OPT and SEVIS questions; a licensed immigration attorney handles the petition and the cap-exemption basis.

Does the $100,000 fee change the math for cap-exempt employers here?

As of November 1, 2026, Proclamation 11069 is in effect on paper through September 21, 2027, but the $100,000 payment is blocked: in California v. Mullin and Global Nurse Force v. Trump, courts vacated or enjoined the agency policies implementing it, and both cases are on appeal. USCIS's Form I-129 page adds: "If this order is later lifted, DHS still plans to collect the payment."

Being cap-exempt never decided whether the payment applied; the filing route did. USCIS's H-1B page (dated 2026-09-21) says the proclamation does not apply when USCIS grants a change of status, amendment or extension inside the US, while a denied change of status or a consular-notification petition would be covered if collection resumed. A CRS Insight (2026-10-14) found that initial consular H-1B petitions from cap-exempt employers fell 91% in the fee's first eight months, against the same period a year earlier. Details: our $100K fee guide for cap-exempt employers and research hospitals.

Already on H-1B at a Texas or Florida public university?

Florida's pause does not reach renewals, and the Texas letter targets new petitions; confirm your institution's reading well before your end date. A move to another public university in the same state would need that employer's own new petition, which puts it inside the freeze (our reading). A private cap-exempt employer outside the freezes can file its own cap-exempt petition for you.

Moving to a cap-subject employer is different. Under 8 CFR 214.2(h)(8)(iii)(F)(5), if cap-exempt employment ends and you are not the beneficiary of a new cap-exempt petition, you become subject to the cap unless you were previously counted within the six-year period. Ask an immigration attorney before you resign.

How to check whether a Texas or Florida employer can still file

1. Search the employer's legal name in the USCIS H-1B Employer Data Hub (Rice appears as "W M Rice University").
2. Read its governance page: a state system or board of regents means public; an independent board of trustees usually means private.
3. Ask HR which legal entity will sign Form I-129 and on what cap-exemption basis (university, affiliated nonprofit, research organization or half-time placement).
4. Ask a Texas public employer whether it has requested written TWC permission for the position.
5. Ask a Florida public university how it applies the pause and, after January 5, 2027, whether the Board extended or lifted it.
6. Map your EAD end date with your DSO, including STEM OPT eligibility, knowing no cap-gap applies.
7. Confirm the cap-exempt basis with the employer's immigration attorney before you resign from a current job.

Common mistakes

• Treating every hospital as cap-exempt. Nonprofit status is not enough; the affiliation or research test decides.
• Treating UT Southwestern or MD Anderson as private hospitals. Both are public UT System institutions inside the Texas freeze.
• Counting on cap-gap. It covers cap-subject petitions only.
• Reading January 5, 2027 as Florida's end date. It is "at least"; check after it passes.
• Reading Hub counts as open jobs. They are past petitions, and FY2026 is partial.
• Assuming the $100,000 fee is back, or gone for good. It is blocked while appeals continue.

Frequently asked questions

Which Texas employers are not covered by the H-1B freeze?

Any employer that is neither a state agency run by a governor-appointed head nor a public institution of higher education. That leaves private universities and medical schools such as Rice and Baylor College of Medicine, private nonprofit research organizations, private companies and K-12 school districts outside the freeze, which runs to May 31, 2027.

Are UT Southwestern and MD Anderson covered by the Texas freeze?

Yes, on the plain text of the governor's January 27, 2026 letter (our reading). Both are public University of Texas System institutions, so neither can file a new H-1B petition before May 31, 2027 without written Texas Workforce Commission permission. Separate partner entities, such as private hospitals, are a question for an immigration attorney.

Can private universities in Florida still sponsor H-1B?

Yes. The Board of Governors pause, in effect since March 2, 2026 and running until at least January 5, 2027, covers only the 12 public State University System universities. Private nonprofit universities such as the University of Miami can still file cap-exempt H-1B petitions under the federal rules.

Are nonprofit hospitals in Texas cap-exempt?

Not automatically. Under 8 CFR 214.2(h)(8)(iii)(F), in effect since January 17, 2025, a nonprofit hospital is cap-exempt only if it is related to or affiliated with a university, for example through a written affiliation agreement that meets the fundamental-activity test, or if it qualifies as a nonprofit research organization. Private hospitals are outside the state freeze either way.

What if my offer is from a public university in Texas?

Until May 31, 2027 it cannot file a new H-1B for you without written Texas Workforce Commission permission. Ask whether it has requested permission, whether you can start on OPT or STEM OPT, and when it would file, then check those dates against your EAD end date with your DSO, because cap-exempt petitions get no cap-gap.

Sources

• Office of the Texas Governor, letter to state agency heads on H-1B petitions (2026-01-27)
• Texas Tribune, K-12 H-1B proposal and the January order (2026-08-18)
• Central Florida Public Media, Board of Governors H-1B hiring freeze (2026-03-02)
• Florida Board of Governors, State University System institutions
• eCFR, 8 CFR 214.2, paragraph (h)(8)(iii)(F) and the cap-gap provision in (f)(5) (the current eCFR display of paragraph (f) shows the blocked D/S rule)
• USCIS, H-1B Employer Data Hub, cap-gap extension, Form I-129, H-1B specialty occupations, premium processing
• SEVP, SEVIS Help Hub unemployment counter
• Congressional Research Service, Insight IN12747, "H-1B Executive Actions in 2026" (2026-10-14)
• Reginfo.gov, RIN 1615-AD00 agenda entry

How we checked this: we read the full text of the Texas governor's letter, the Florida and Texas news coverage, the Board of Governors university list, the eCFR text of 8 CFR 214.2 (including its version history) and the USCIS, SEVP, CRS and Reginfo pages above, and pulled employer counts from the USCIS Employer Data Hub extract our employer pages use, on 2026-11-01 and 2026-11-02.

This is general information, not legal or tax advice; your own I-20, EAD, I-94 and approval notices, your DSO and your employer's immigration attorney govern your situation.

If you are on OPT or STEM OPT and rebuilding a search around employers that can still file, F1Jobs helps international candidates focus on sponsors that fit their timeline.