Rep. Roy Demands Answers from Texas State University After Hiring H-1B Employee Over Americans

Washington, D.C. - Congressman Chip Roy (TX-21) sent the following letter to Texas State University, demanding answers after the university renewed an employment contract with a foreign worker on an H-1B visa.

The Daily Caller wrote an exclusive report on the letter, which you can read here.

Read the full letter here or below:

Dr. Kelly R. Damphousse

President, Texas State University

601 University Drive

San Marcos, Texas 78666

Dear Dr. Damphousse,

It has come to my attention that Texas State University clarified its decision to file a notice of intent to hire an H-1B nonimmigrant worker for a Public Relations Specialist position at the university, as it is a renewal for an existing Texas State H-1B visa holder employee and graduate, not a new petition.

While the explanation behind Texas State's occupation listing provided some clarity on the H-1B nonimmigrant posting, it raises questions about the extent to which the university may be prioritizing the hiring of foreign nationals over American graduates and workers, and whether it made good-faith efforts to recruit a qualified U.S. citizen for the position. As you are likely aware, Texas State offers a Bachelor of Science degree in Public Relations and could have hired one of its own U.S. citizen graduates, as it awards an estimated 140 degrees to its students in this field annually.

Further, universities can sponsor an F-1 student visa holder who enrolls in the Optional Practical Training program for an H-1B visa, allowing them to remain in the country longer. The explanation details that the referenced H-1B visa holder was an F-1 student at Texas State who later graduated and found employment at the university, raising questions about Texas State's role in sponsoring international students for long-term stay and employment rather than recruiting local applicants.

On January 27, 2026, Governor Greg Abbott directed all state agencies and universities to freeze new H1B petitions until May 31, 2027, and launch a review of the visa program statewide after noting how the H-1B visa program is used to replace American workers with cheap unskilled foreign labor, often working for low wages. More recently, on August 19, 2026, Gov. Abbott called on the state legislature to ban higher education institutions from employing H-1B recipients statewide.

Relatedly, recent data show Texas as a leading state in Labor Condition Applications filed to hire H-1B workers, raising concerns that businesses, employers, and colleges may be overlooking Texans who are qualified, talented, and, in many cases, being displaced to employ cheaper foreign alternatives who likely do not possess unique or specialized skills.

Further, a 2019 academic evaluation of the program found that "most H-1B workers have no more than ordinary skills, skills that are available in the U.S. labor market", as applicants are only required to hold a bachelor's degree, which countless Americans possess, which undermining the narrative that H-1B visa holders are skilled, specialized, or "the best of the best".

Most H-1B visa holders are also paid lower on average than their American counterparts, often leading to the latter unfairly competing for occupations and decent salaries in specialty occupations despite existing statute requiring employers to pay the prevailing wage.

In 2024, over 90 percent of employer-submitted prevailing wage claims for approved H-1B visas were below the Bureau of Labor Statistics' prevailing wage for the occupation and location. Another result of hiring large numbers of H-1B visa holders is the routine mass firing of white-collar workers who are often required to train their replacements to receive a severance package.

The H-1B visa program does not serve the interests of Texas nor the nation. The Trump administration has rightly ordered stricter scrutiny on H-1B visa applicants to determine if they offer unique skills to the nation and to counter outsourcing by IT firms that petition for these foreign workers only to displace local white-collar workers.

As such, I respectfully request clarity and a detailed accounting of the following questions by September 3, 2026:

1. How many H-1B visa holders does Texas State University currently employ? Please disaggregate by the following:

   1. The occupations listed on their H-1 B petitions and where they currently work within the university.

   2. The educational and specialty skills these individuals possess and how they pertain to the occupation in which they currently work.

1. Please provide the salary offered to H-1B recipients and the current salary paid to them from their hiring date to the present.

1. Please provide the prevailing wage for the respective occupations.

1. Does Texas State assist international students who enter the U.S. and enroll at the university on an F-1 student visa or J-1 nonimmigrant visa in adjusting to the Optional Practical Training program and eventually the H-1B program to subsequently sponsor and employ them?

   1. Please explain the extent to which this occurs and provide data on the visa adjustment stated above.

2. How many of the H-1B visa holders at Texas State are from the capped lottery or are cap-exempt?

1. How many H-1B visa holders have Texas State employed since fiscal year 2020?

1. Please break down each figure by fiscal year.

2. Please provide a detailed explanation of how Texas State has tried to recruit U.S. citizens through public postings, salary offered, or other means.

1. How many other employment postings by Texas State have solicited H-1B workers?

2. Please explain the extent to which Texas State University is complying with Gov. Abbott's January 27, 2026, directive for state universities to halt new H-1B petitions.

Respectfully,

Chip Roy

Member of Congress