Understanding Florida’s H-1B Visa Restrictions for University Hires

Understanding H-1B Visa Restrictions and Florida’s University Hiring Policy

Recent discussions have brought the H-1B visa program into sharp focus, with political figures calling for significant changes. Florida Governor Ron DeSantis, for instance, has publicly stated his desire to “shut off H-1B visas,” a sentiment he expressed following the midterm elections. However, it’s important to distinguish between broad political statements and concrete policy actions. While DeSantis’s remarks were part of a larger political commentary on immigration policy and the perceived lack of aggressive action from Senate Republicans, the actual impact on the H-1B program is more specific and localized.

The most direct action related to this discussion is Florida’s own policy, which restricts new hires at its public universities from using the H-1B visa program. This state-level measure, enacted in March 2026, does not halt the H-1B program nationwide. Instead, it targets a specific sector within Florida and applies only to individuals seeking new employment at the state’s twelve public universities. This policy is scheduled to remain in effect until January 5, 2027, and DeSantis has encouraged other states to consider similar approaches.

Florida’s H-1B University Hiring Ban

In March 2026, the Florida Board of Governors made a decision to prevent the state’s 12 public universities from hiring new employees through the H-1B visa program. This ban is not retroactive, meaning it does not affect current university employees already working under H-1B status. The restriction is set to expire on January 5, 2027, unless extended or altered. Governor DeSantis has been vocal about this policy, urging other states to adopt similar measures to control H-1B hiring within their public university systems. This state-specific action is a key example of how H-1B policy can be influenced at a local level, separate from federal legislative changes.

Federal Executive Order 14431 and Its Impact

Beyond state-level actions, a federal executive order, 14431, signed by President Trump on September 18, 2026, also introduced changes related to the H-1B program. This order, published in the Federal Register on September 23, 2026, directs federal departments like State, Labor, and Homeland Security to consider recent or planned layoffs of U.S. workers when processing H-1B labor condition applications and visa petitions. It also mandates that the Department of Labor review previously filed applications for potential enforcement actions.

It is important to note that Executive Order 14431 does not outright ban employers with recent layoffs from hiring H-1B workers. Instead, it adds a layer of scrutiny by incorporating layoff history into the agency’s review process. The specific details of how this order will be implemented are left to the discretion of the relevant government agencies. Employers and individuals involved with the H-1B program are advised to monitor updates from the Department of Labor, USCIS, and the Department of State for further guidance on these evolving regulations.

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