Dallas – A recent audit by The Dallas Express of federal disclosure data reveals that 33 private employers filed 46 certified labor condition applications (LCAs) requesting a total of 193 H‑1B positions tied to the Texas Department of Transportation (TxDOT). The applications either named TxDOT as the worksite or listed a recognized TxDOT address, such as 6230 E. Stassney Lane in Austin.
What the numbers show
The audit counted each unique certified case once and used the application’s total‑worker‑position field. When the data were broadened to include variant names (“Texas DOT,” “State of Texas: Dept of Transportation”) and address‑only matches, the total rose to 193 positions across 46 LCAs filed by 33 private firms.
CGI Technologies and Solutions accounted for 151 of those positions, submitting four certified applications that requested 50 software quality and test engineers and 101 software developers. The remaining filings were spread among smaller contractors such as Accenture LLP, Adept Computer Consultants Inc., Archents Inc., and several one‑position applications.
Governor Abbott’s January directive
On Jan. 27, 2026, Governor Greg Abbott issued a directive prohibiting any state agency or public university from initiating or filing a new H‑1B petition without written permission from the Texas Workforce Commission (TWC) through May 31, 2027. The directive applies to petitions filed directly by state agencies, but it does not explicitly address private contractors that file on behalf of a state agency.
According to the audit, 31 of the 46 certified LCAs – representing 129 positions – were received after Abbott’s directive went into effect, and 182 of the 193 requested positions list start dates after the Jan. 27 order. However, every petition in the 193‑position count names a private company, not TxDOT, as the H‑1B employer.
Do the filings violate the directive?
The audit does not find direct evidence that TxDOT itself violated the governor’s order. The language of the directive and TWC guidance requires state agencies to obtain permission before filing a petition, but it does not expressly require private contractors to secure that permission when they are the petitioning employer.
Federal worksite guidance defines a place of employment as the physical location where the employee performs work. The LCAs list TxDOT sites, yet the data lack badge records, time‑sheets, or confirmation from TxDOT that the workers were physically present in a TxDOT building.
Contractual context
TxDOT’s Department of Information Resources lists CGI as the prime vendor on four statewide contracts. These contracts allow agencies to obtain hourly IT staff or deliverable‑based services, with standard terms requiring compliance with federal immigration law and E‑Verify for covered employees. The contracts do not contain a “U.S.‑citizen‑first” clause, an H‑1B prohibition, or a separate recruitment obligation for state work.
Public records show TxDOT authorized a $100.5 million purchase order for CGI to develop the TxDOTCONNECT system, but that order expired in Dec. 2025—before most of the audited employment periods. No current TxDOT purchase order or work authorization directly ties the 2026 LCAs to that expired order.
Wage and exemption details
CGI’s 50 quality‑and‑test positions list a salary range of $87,672 to $162,672 with a prevailing wage of $87,672. The two 50‑position developer applications list $139,152 to $214,152 with a prevailing wage of $139,152. Federal wage rules require employers to pay at least the higher of the prevailing wage or the actual wage paid to similarly employed workers.
Twenty‑nine one‑position LCAs label the employer as H‑1B‑dependent but claim exemption because the workers earn at least $60,000, hold a related master’s degree, or both—criteria that meet Department of Labor exemption guidance.
Implications for Texas immigration policy
The findings highlight a gray area in the governor’s H‑1B hiring freeze. While the directive aims to protect Texas jobs by limiting state‑sponsored H‑1B petitions, private contractors can still file petitions that place workers at state agency sites without explicit TWC permission.
Supporters of the freeze argue that the policy safeguards American workers and upholds the principle of a U.S.-citizen‑first workforce for state projects. Critics contend that the lack of clarity in the directive may unintentionally allow contractors to bypass the intended restrictions, potentially undermining the governor’s effort to prioritize local talent.
What’s next?
Stakeholders, including the Texas Workforce Commission and TxDOT, may need to clarify whether private contractors must seek permission before filing H‑1B petitions that involve state agency worksites. Until such guidance is issued, the audit suggests that the current framework leaves room for private firms to continue using H‑1B talent on TxDOT‑related projects.
For Texas families and businesses, the issue underscores the importance of transparent hiring practices that respect both the rule of law and the desire to protect American workers in a competitive economy.
Original reporting: The Dallas Express — read the source article.
