Mass layoffs across the tech industry have caused a ripple effect as thousands of workers lost their jobs at Twitter, Amazon, and elsewhere this year. And at least 45,000 of these workers are individuals who live and work in the US pursuant to H-1B status.

So what can be done to keep H-1B visa holders in the country?

Each situation is unique, but employers, attorneys, and others can follow certain steps to keep these vital employees in the country.

An H-1B visa is temporary and employer-specific, meaning the worker is only authorized to work for their employer sponsor. In addition, an H-1B employer is not obligated to continue to employ the worker for the duration of their visa—the employer-employee relationship can be terminated at any time.

When an H-1B holder is laid off, their status and ability to remain in the US is jeopardized. In most cases—but not all—the H-1B holder has 60 days to either find another job, apply for another status (and options are extremely limited), or they must leave the US.

If they do find another job, the new employer must file an H-1B petition on the worker’s behalf within the 60-day period. If they do not change employers, change to another status, or leave the country, they will accrue unlawful presence in the US, which carries...

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