Government Jobs for Non-Citizens on OPT and H-1B: Federal, State and Local Rules in 2026

Most federal jobs are closed to OPT and H-1B workers, but many state, city and school-district employers can legally hire you, and public universities and government research bodies skip the H-1B lottery.

Government jobs for non-citizens depend on which government is hiring. As of November 1, 2026, most federal jobs are open only to US citizens and nationals: Executive Order 11935 reserves the competitive service for them, and the annual appropriations act bars paying most non-citizens. The exceptions are narrow. State and local governments set their own rules. Many can legally hire you on OPT, and some file H-1B petitions, but plenty of agencies say in the posting that they will not sponsor. In Texas, new H-1B petitions at state agencies and public universities are frozen until 2027-05-31 unless the Texas Workforce Commission gives written permission.

Status as of 2026-11-01. In effect: the federal citizenship rules summarized on USAJOBS; Texas's freeze on new H-1B petitions at state agencies with governor-appointed heads and at public universities (2026-01-27 to 2027-05-31); Florida's pause on new H-1B hires at its 12 public universities (from 2026-03-02 until at least 2027-01-05); the cap-exemption rules in 8 CFR 214.2(h)(8)(iii)(F) (since 2025-01-17). Proposal only: a Texas K-12 H-1B ban, which needs the 2027 Legislature. Under OIRA review, no text published: RIN 1615-AD00, "Reforming the H-1B Nonimmigrant Visa Classification Program." Blocked: the agency policies implementing the $100,000 H-1B payment, so it is not being collected; Proclamation 11069 stays in effect on paper to 2027-09-21.

Government jobs for non-citizens: the short answer

Yes, non-citizens can get government jobs, but mostly outside the federal civil service. Federal competitive-service jobs require US citizenship or nationality, and appropriations law bars paying most non-citizens, so OPT and H-1B holders rarely qualify. State agencies, cities, counties and school districts can legally hire work-authorized non-citizens, but each employer decides whether to accept OPT, use E-Verify or sponsor an H-1B.

Government jobs on OPT and H-1B by level (as of 2026-11-01)

Federal jobs for non-citizens: the three-layer test

A federal agency can hire you only if three separate rules all allow it, and for OPT and H-1B holders the second one usually closes the door. Your EAD or H-1B approval satisfies only the third.

The USAJOBS help article on employment of non-citizens (updated 2026-10-28) lists the layers:

1. Executive Order 11935. Only US citizens and nationals may compete for and be appointed to competitive-service jobs. With OPM approval, an agency may hire a non-citizen when no qualified citizen is available, but only into an excepted appointment without competitive status.
2. The appropriations act. "Congress prohibits the use of appropriated funds to employ non-citizens within the United States." The listed exceptions cover groups such as permanent residents seeking citizenship, refugees and asylees, temporary translators and short emergency hires. F-1, OPT and H-1B status is not on that list (our reading), though the page adds that "some agencies are exempt from these restrictions."
3. Immigration law. You must be authorized to work, and the article is explicit that this is not enough on its own: you remain "subject to the requirements of Executive Order 11935 and appropriations act restrictions."

USAJOBS lists the Postal Service, the Tennessee Valley Authority and the FBI as exempt from competitive hiring requirements; a hire there must still clear the other layers and the agency's own policies.

Where federal exceptions actually show up

Research is where they cluster. In the USCIS H-1B Employer Data Hub extract we use (FY2024 decisions), the National Institutes of Health and the Food and Drug Administration appear among H-1B petitioners. If a federal lab interests you, ask its HR office which appointment authority it uses before you apply. Cleared and defense work is usually a contractor question instead; our guide to government contractor jobs and the citizenship and clearance barrier shows where that wall sits.

How to read a USAJOBS announcement

The "This job is open to" section, USAJOBS says, "will tell you whether or not a non-U.S. citizen is eligible for the job." If it reads "U.S. citizens," your OPT EAD does not change that. OPM's FAQ puts it plainly: "In general, you must be a U.S. citizen or national to work for the federal government, but there are some exceptions."

Can international students work for state government on OPT?

Yes, if the agency will hire you. Federal rules do not bar a public employer from hiring an F-1 student on OPT; the limits come from the agency's own policy and, for STEM OPT, from E-Verify.

Study in the States, the DHS student portal, says students on pre- or post-completion OPT "can work for any employer, but the training must directly relate to the student's program of study." A state transportation department or a county health office qualifies on those terms. Your unemployment counter still runs: 90 days on post-completion OPT, 150 in total on STEM OPT.

The catch is the posting. Many New York postings ask that applicants be "currently authorized to work in the United States on a full-time basis," and an unexpired OPT EAD is work authorization. But the Department of Transportation's postings add: "Offers of permanent employment may not be made to nonimmigrants whose employment authorization is limited to a period of practical training (F-1 or similar)." The Office of Information Technology Services states a policy "not to hire F1 or H1 visa holders for permanent employment." At those agencies, OPT satisfies federal law but not the agency's own rule for permanent jobs.

The E-Verify trap for STEM OPT

The USCIS STEM OPT page (updated 2026-01-30) requires the employer to "Be enrolled in E-Verify," complete its part of your Form I-983 training plan and keep "a bona fide employer-employee relationship" with you. Three New York agencies say in their postings that they do not use E-Verify. A job there can still run on your initial OPT, if the agency accepts it, but that agency cannot be your employer for the 24-month STEM extension.

What New York State agency postings said (read 2026-11-02 on StateJobsNY)

These are 14 postings from one state over ten days, and postings change. The pattern holds, though: the "no" is written into the posting, often beside the E-Verify line, and one department can say no in one posting and nothing in the next.

Do state agencies sponsor H-1B?

Some do and many do not; it is an agency-by-agency decision. A typical state agency is not a university or a research body, so its petitions are cap-subject and need a lottery selection first.

The clearest contrast is two transportation departments. New York's says it "will not sponsor." The California Department of Transportation appears among FY2024 H-1B petitioners in the Employer Data Hub extract we use. In that extract, which lists only the larger filers, public universities dominate the public-sector names, and Caltrans is the one general-purpose state agency we found.

To see whether an agency has actually filed, search the Employer Data Hub for its exact legal name and check DOL's LCA disclosure files on the OFLC performance page, which run through FY2026 Q3 as of 2026-11-01. A past filing shows what an agency did, not what it will do this year.

USCIS has not announced the FY2028 registration window and must give at least 30 days' notice; March 2027 is an expectation only (the registration page, updated 2026-09-21, still shows the FY2027 dates). Wage-weighted selection has been in effect since 2026-02-27, so the wage level an agency offers affects your odds.

As of 2026-11-01 the $100,000 payment is not being collected: courts blocked the agency policies implementing it, though the proclamation stands on paper. USCIS's I-129 page (updated 2026-10-30) says "If this order is later lifted, DHS still plans to collect the payment." Even then, a change of status that USCIS grants inside the US, such as OPT to H-1B, was never covered; a denied change of status, or a petition for consular processing, would be.

Are government employers cap-exempt?

Only some. Public universities are cap-exempt as institutions of higher education, and any level of government can run a cap-exempt research body. Most agencies, cities and school districts are cap-subject.

The definition, which the cap-exemption rule borrows, is in 8 CFR 214.2(h)(19)(iii)(C): "When a fundamental activity of a governmental organization is the performance or promotion of basic research and/or applied research, that organization is a government research organization. A governmental research organization may be a Federal, State, or local entity." A state public-health laboratory might qualify; a motor-vehicles department almost certainly does not (our reading). The employer's immigration attorney makes that call. Our explainer on cap-exempt nonprofit and government research organizations shows how to verify a claim. Two cautions:

• No cap-gap. Cap-gap protects only cap-subject petitions (8 CFR 214.2(f)(5)(vii)), so a cap-exempt filing must be approved before your OPT EAD ends. See why cap-gap does not apply to cap-exempt H-1Bs.
• A pending rule, no change yet. The agenda abstract for RIN 1615-AD00, under OIRA review since 2026-08-24, mentions "revising eligibility for cap exemptions." No text is public and nothing has changed; we track it in the H-1B reform rule at the White House.

Cap-exempt employers have already pulled back from hiring abroad. A Congressional Research Service Insight (2026-10-14) reports that in the first eight months the $100,000 fee was in effect, initial H-1B petitions DHS received for consular processing from cap-exempt employers dropped 91% from the same period a year earlier. That figure covers hires from abroad, not changes of status inside the US.

Texas and Florida in 2026: what the freezes cover

Texas froze new H-1B petitions at state agencies with governor-appointed heads and at public universities until 2027-05-31; Florida paused new H-1B hires at its 12 public universities until at least 2027-01-05. Neither reaches private employers.

Governor Abbott's 2026-01-27 letter is the controlling text: "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." Two details, both our reading: the letter's opening speaks of "all state agencies," so its reach to an agency run by a separately elected official is unclear; and its reporting paragraph counts "new and renewal petitions" separately, which suggests renewals are not frozen. Ask the agency's HR or counsel before relying on either point.

K-12 districts were not covered; the Texas Tribune reports that "that order did not apply to K-12 schools." The governor's 2026-08-18 proposal to bar public schools from H-1B is only a proposal and needs the 2027 Legislature; see H-1B teaching jobs in Texas school districts.

In Florida, Central Florida Public Media reports that the Board of Governors' pause "does not impact workers who are currently employed or up for renewal," and it describes no measure for state agencies. Our breakdown of the Texas and Florida H-1B hiring freezes covers which sponsors still work there.

Local government jobs on OPT: cities, counties, school districts

The framework matches the state one: immigration law allows the hire, and the employer's policy decides. Cities, counties, transit authorities, public hospitals and school districts are each separate employers with their own HR rules.

In the Hub extract we use, the local public employers are mostly school districts (Dallas ISD, Denver Public Schools, the New York City Department of Education, DC Public Schools), plus New York City's public hospital system, NYC Health + Hospitals; no general city or county government appears. A K-12 district is not an institution of higher education, so its petitions are generally cap-subject. A community college run by a local district is different: as an institution of higher education it is generally cap-exempt (our reading; confirm with its HR). Some sworn or licensed public roles carry citizenship requirements in state law or the job specification, and the posting's eligibility section will say so.

How to check whether a government job is open to you

1. Read the eligibility section first: "This job is open to" on USAJOBS, or the posting on a state board such as StateJobsNY. Search it for "sponsor," "E-Verify," "practical training" and "authorized to work."
2. Email HR three questions and keep the reply: Do you hire OPT EAD holders into permanent roles? Are you enrolled in E-Verify, and will you sign Form I-983? Do you file H-1B petitions, as a cap-subject or cap-exempt employer?
3. Search the USCIS H-1B Employer Data Hub for the employer's exact legal name, which may differ from the department's public name.
4. Check DOL's OFLC LCA disclosure files for recent Labor Condition Applications by the same entity.
5. Confirm whether a state freeze reaches the employer: the Texas governor's letter, or the Florida Board of Governors' pause.
6. Take your dates and the draft I-983 to your DSO before accepting a role you plan to hold on STEM OPT, and take cap-exempt or freeze questions to an immigration attorney.

A worked example with real dates

Say you finished a STEM-designated master's in data analytics in May 2026 and your post-completion OPT EAD runs from 2026-07-01 to 2027-06-30 (illustrative dates). In November 2026 you weigh two public-sector offers.

• Offer A, a data analyst role at a New York agency whose posting says it "does not participate in E-Verify and does not sponsor visa applications." If the agency accepts your EAD and the role relates to your degree, you can work there on OPT, but it cannot support a STEM extension or file an H-1B. Working past 2027-06-30 would take another employer: one in E-Verify for a STEM extension, or one that files an H-1B.
• Offer B, a research analyst role at a state public-health research institute. If the employer's attorney confirms it is a governmental research organization, it can file a cap-exempt H-1B at any time of year, with no lottery. Because cap-gap does not apply, approval must come before 2027-06-30; premium processing was 15 business days for most I-129s as of 2026-11-01. A change of status that USCIS grants inside the US would not trigger the $100,000 payment even if collection resumed.

If either employer were a Texas state agency with a governor-appointed head, a new H-1B would need Texas Workforce Commission permission until 2027-05-31. Whether either path fits your facts is a question for your DSO (OPT and STEM OPT) and an immigration attorney (the H-1B).

Common mistakes

• Assuming "government" means cap-exempt. Only public colleges and universities and governmental research organizations are; a DOT or a city IT office is cap-subject.
• Treating an OPT EAD as federal eligibility. It meets the immigration-law layer only.
• Reading "authorized to work" as "OPT accepted." The same posting can bar permanent offers to anyone on practical training.
• Taking a STEM-track job at an agency that does not use E-Verify. The posting often says so in one line.
• Reading the Texas freeze as covering school districts or private employers. It does not.
• Treating RIN 1615-AD00 as a rule change. It is unpublished; current rules govern.
• Counting on cap-gap for a cap-exempt petition. There is none.
• Relying on aggregator "sponsor" lists. A past filing is not a policy; the posting and HR's written answer are.

Frequently asked questions

Can non-citizens work for the federal government?

Rarely. As of November 1, 2026, Executive Order 11935 limits competitive-service jobs to US citizens and nationals, and the annual appropriations act bars paying most non-citizens working inside the US. An agency can hire a non-citizen only if the appropriations act, immigration law and its own policies all allow it, so read the "This job is open to" section of each USAJOBS announcement.

Can I work for a state government agency on OPT?

Federal rules let you work for any employer on post-completion OPT, including a state agency, if the job directly relates to your major. The agency's own policy decides the rest. In New York State postings read on 2026-11-02, the Department of Transportation said permanent offers may not be made to OPT holders, and three agencies said they do not use E-Verify, which a STEM OPT extension requires.

Do state agencies sponsor H-1B?

Some do and many do not. The California Department of Transportation appears among H-1B petitioners in USCIS data, while New York's transportation department says it will not sponsor. Most state agencies are cap-subject, so they need a lottery selection. In Texas, new H-1B petitions at state agencies with governor-appointed heads and at public universities are frozen until 2027-05-31 unless the Texas Workforce Commission gives written permission.

Are government employers cap-exempt?

Only some. Public universities and colleges are cap-exempt, and so is a federal, state or local entity whose fundamental activity is basic or applied research. A typical transportation, revenue or city IT department, or a K-12 district, is cap-subject. Nothing has changed as of 2026-11-01, although an unpublished H-1B rule under White House review (RIN 1615-AD00) mentions cap exemptions.

Can Texas state agencies file H-1B petitions in 2026?

Not new ones without permission. Governor Abbott's 2026-01-27 letter bars state agencies controlled by a governor-appointed head, and public universities, from filing any new H-1B petition without the Texas Workforce Commission's written permission until 2027-05-31. K-12 districts and private employers are not covered, and the K-12 ban is only a proposal for the 2027 Legislature.

Sources

• USAJOBS Help Center, Employment of non-citizens; OPM, Do I have to be a US citizen to apply?
• Study in the States, types of practical training and unemployment counter
• USCIS, STEM OPT extension, H-1B Employer Data Hub, I-129, H-1B registration
• eCFR, 8 CFR 214.2; DOL OFLC, performance data
• Office of the Texas Governor, letter to state agency heads (2026-01-27); Texas Tribune, K-12 H-1B ban proposal (2026-08-18)
• Central Florida Public Media, Board of Governors H-1B pause (2026-03-02)
• Reginfo.gov, RIN 1615-AD00; CRS, Insight IN12747 (2026-10-14)
• StateJobsNY, vacancy postings (read 2026-11-02)

How we checked this: we read the official pages above, the Texas governor's letter and the 14 New York State postings listed, on 2026-11-01 and 2026-11-02, and checked employer names against the USCIS Employer Data Hub extract the site uses.

This is general information, not legal or tax advice; your own I-20, EAD, I-797 and I-94, and your DSO or immigration attorney, govern your situation.

If you are on OPT or STEM OPT and want a search aimed at employers, public or private, that actually sponsor, F1Jobs can help you build that list.