Summary: Florida has directed its public universities to stop hiring on H-1B visas. This is a state hiring directive, not a change to federal H-1B law. Below is what changed, who is affected, timelines, and practical options if you work or plan to work in Florida higher education.
Key takeaways
- What changed: Florida’s governor instructed the state university system to end use of H-1B for hiring at public universities.
- Who’s affected first: New H-1B hires and pending offers at Florida public universities. Private employers in Florida are not covered by this directive.
- Existing H-1Bs: Current university H-1B workers may continue until their petition end date; renewals/extensions at the same employer could be impacted if the school stops sponsoring.
- Federal law unchanged: USCIS rules, caps, and the H-1B program itself remain federal. The directive influences state hiring decisions, not federal visa eligibility.
What exactly changed?
On Oct 29, 2025, the governor told Florida’s public university system to stop using H-1B visas for hiring. Universities are expected to comply via internal guidance issued by the state Board of Governors. This does not repeal H-1B; it restricts state university sponsorship within Florida.
Who is affected?
Most affected
- New offers reliant on H-1B at Florida public universities (faculty, research, professional staff).
- Pending transfers into Florida public universities that require the university to file an H-1B petition.
Potentially affected
- Current H-1B staff at public universities: petitions already approved normally remain valid through the stated end date; however, renewals or amendments may be at risk if the employer will not file.
Not directly covered
- Private-sector employers in Florida; they make their own sponsorship decisions under federal law.
- Employers outside Florida; the directive is state-specific.
Timeline & what happens next
- Immediate: Universities review active searches and sponsorship practices; offers dependent on H-1B may be paused or rescinded.
- Short term: Internal guidance/implementation from the state university system clarifies edge cases (extensions, amendments, job changes).
- Ongoing: Federal H-1B rules continue; university decisions determine whether to file, extend, or withdraw petitions.
What should current or prospective H-1B holders do?
- Ask HR/International Office in writing about your case (new hire, extension, amendment) and request a timeline for decisions.
- Know the grace period: If employment ends early, many H-1B workers have up to 60 days (or to I-94 expiry, whichever is earlier) to transition. Confirm with counsel and see USCIS guidance.
- Consider portability: H-1B transfers to employers willing to sponsor (private sector or public entities outside Florida) may be possible.
- Explore alternatives: Depending on your record, O-1 (extraordinary ability) or cap-exempt roles at institutions outside Florida may be options. Consult a qualified immigration attorney.
FAQ
Does this ban H-1B statewide?
No. It targets public university hiring. Private employers may still sponsor H-1B under federal law.
What about cap-exempt university H-1Bs?
Universities are typically cap-exempt, but the directive is about whether state universities will choose to sponsor. If they decline to sponsor, cap-exempt benefits don’t apply.
I already work at a Florida public university on H-1B. Am I forced to stop?
Existing, approved petitions generally remain valid until their end date. Whether your employer will file an extension or amendment is an employer decision; ask HR promptly and plan contingencies.
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