The U.S. Department of Education has failed to answer questions about whether school districts may use federal Title II funds to support H-1B visa hiring, even as documents obtained by The Dallas Express suggest at least one major Texas district has done so.
Federal education officials did not respond by deadline to multiple inquiries from The Dallas Express seeking clarification on the department’s current position regarding the use of Title II, Part A funds under the Every Student Succeeds Act for immigration-related recruitment and legal costs tied to H-1B visas.
The silence comes amid heightened scrutiny of the visa program and Texas Gov. Greg Abbott’s recent action to temporarily halt new H-1B hiring at public universities, pending an ongoing statewide review, as previously reported by The Dallas Express.
According to records obtained through public information requests, a large DFW local school district and employer appears to have used Title II, Part A funds to support the hiring of foreign workers through the H-1B program. The Dallas Express is withholding the district’s name until it has had an opportunity to respond to detailed questions later this week, with a separate report planned.
Title II, Part A is intended to support effective instruction by improving teacher quality, strengthening school leadership, and expanding access to high-quality educators for low-income and minority students, according to guidance from the Texas Education Agency.
The law’s stated purpose is to “increase student achievement,” “improve the quality and effectiveness of teachers, principals, and other school leaders,” and “provide low-income and minority students greater access to effective teachers,” among other goals, according to the text of the law.
Neither the federal statute nor TEA’s publicly available guidance explicitly references the use of Title II funds for employment-based immigration costs. Instead, the program is framed around professional development, recruitment pipelines, training, mentoring, and retention strategies for educators.
TEA’s website notes that local education agencies must report how they spend Title II funds through a state-level data collection process after the U.S. Department of Education opted not to administer its national Title II survey for the 2024–2025 school year. The aggregated results are expected to be made public by early March 2026, according to TEA.
The unanswered questions arise as the H-1B program faces increased federal enforcement and political scrutiny.
The Dallas Express previously reported that federal labor officials are conducting hundreds of investigations into alleged H-1B violations as part of a broader crackdown to protect U.S. workers.
In an email to the Department of Education, The Dallas Express asked whether Title II funds may be used for H-1B-related recruitment and legal expenses, what safeguards are in place to prioritize U.S. workers, and whether new guidance is under consideration.
The department did not acknowledge the request or indicate when, or if, a response would be forthcoming.