Immigration reform as a potential solution to the aging population
Kyle Huffman • April 27, 2023
Immigration reform is one of the most powerful tools and opportunities the United States has to address several of our nation’s most pressing economic issues, and it should be utilized as one of the primary tools to address the coming concern of the United States’ aging population and the possibility of substantial population decline.
Numerous economic studies have shown the relationship between economic development and population decline. In the vast majority of cases, economic development, resulting in better wages and better working and living conditions for the population, results in a decline in birthrate as the opportunity cost of having children increases for parents. This can be seen in many countries around the world facing this issue today including Japan, China, South Korea, Germany, and Spain, among many others. The United States is no different, the baby boomer generation is aging and increasingly withdrawing from the workforce and transitioning into retirement. As populations age in developed countries, declining birth rates have become a growing concern. Countries with low birth rates face a shrinking workforce, decreased economic growth, and higher demand for social services, such as healthcare and pensions. A falling birthrate often means a decrease in the number of young people entering the workforce, which can lead to a shortage of workers, decreased economic growth, and an increased burden on the healthcare and social security systems as the number of workers paying into these systems shrink, while the number of people relying on these systems grows.
You have likely heard the phrase “nobody wants to work anymore” expressed numerous times in the media in various forms. The truth is this sentiment will only continue to be exacerbated as the largest generational subset of the American population exits the workforce increasingly in the coming years.
However, the United States has a unique opportunity to address these issues and minimize the economic consequences of an aging and shrinking population – through its immigration system. Enhancing liberal immigration policies and increasing pathways to legal immigration status in the United States is one of the most powerful mechanisms the United States can employ to address these looming issues. According to a 2020 survey conducted by the United Nations, the United States is the most popular destination for immigrants in the world. As a destination that is currently sought by many hopeful immigrants from countries all over the world, the United State should take advantage of this opportunity and high demand for immigration to offset the declining birthrate and the eventual losses to the labor force as a result.
By attracting immigrants, the United States can increase the number of people in the workforce, which can help to offset the effects of a declining birthrate. Immigrants bring with them skills, experience, and a willingness to work, all of which can help to boost a country's economy. Additionally, many immigrants are young, which can help to offset the aging population in many first world nations, the United States included.
Liberal immigration policies can also help to address another important issue: diversity. By welcoming immigrants from different backgrounds, countries can benefit from the perspectives and experiences of people from different cultures. This can help to foster innovation and creativity, which can in turn lead to economic growth.
Of course, there are also challenges associated with liberal immigration policies. Some people are concerned that immigrants may take jobs away from native-born workers or strain social services. However, these concerns can be addressed through careful policy design and implementation. For example, policies could be put in place to ensure that immigrants have the necessary skills and qualifications to fill labor shortages, and that they are integrated into the community in a way that supports their success. Moreover, statistics show that immigrants are more likely to go into business for themselves compared to the native-born population. This means that immigrants are more likely to create new businesses, i.e., new job opportunities, compared to native-born counterparts, which helps to address the concern that immigrants will reduce the job opportunities available for U.S. workers.
For these reasons, among many others, the United States would benefit from substantial immigration reform and increasing pathways to legal immigration for skilled workers in this country. The profound benefits that are possible through responsible and strategic immigration policy could be a significant part of the solution to some of the biggest economic challenges that the United States will face in the coming decades, and this is important to consider the next time you see the same news station simultaneously proclaim, “Nobody wants to work anymore!” and “We need to close our borders!” at the same time.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
On January 14, 2026, the Trump administration announced a freeze on immigrant visa issuance for nationals of 75 countries . The administration states that this “visa freeze” is intended to review security protocols, “reduce risks,” and control immigration flows. However, the immediate reality is that this change in policy has temporarily suspended visa processing and restricted travel for applicants from numerous countries across the globe. While the legal landscape surrounding these suspensions is highly fluid and subject to change, it is important to consider how this “visa freeze” might impact your current status or immigration plans. The scope of the restrictions varies drastically depending on your country of origin and specific visa category. Most notably, a nationality-based travel ban restricts visa issuance for 19 countries : Afghanistan, Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela. Beyond this targeted ban, a broader freeze affects applicants from a designated list of up to 75 countries, leading to indefinite delays for many visa petitions. However, it is important to note that immigrant visa applications first need to be processed through USCIS, which has not paused processing applications from the 75 countries. Thus, it is important to contact an attorney to understand at what point in the process this visa freeze may affect your case. While Brazil is included in the list of 75 countries, at the time of this publication, the freeze does not include non-immigrant visas for Brazil . Non-immigrant visas are granted to foreign nationals seeking to enter the United States on a temporary basis for specific purposes, such as tourism, studying, or temporary work. This means that Brazilian applicants can still safely pursue non-immigrant employment options, such as O visas for individuals with extraordinary ability or P visas for internationally recognized athletes, without being subjected to the current travel bans or suspensions. This alert is for informational purposes only and does not constitute legal advice. There are many changes and uncertainties, so please consult with a qualified attorney at Santos Lloyd Law Firm, P.C. to understand how these evolving policies might affect your specific case
Recent data in 2026 shows a sharp increase in Requests for Evidence across employment-based visa categories such as EB-1, EB-2 NIW, O, and H-1B. Requests for Evidence (RFEs) are no longer reserved for borderline cases; even robust petitions for high-level talent are facing unprecedented scrutiny. The expansion of the USCIS Vetting Center means automated tools are cross-referencing every petition, triggering RFEs for even the smallest inconsistencies. For EB-2 NIW petitions, adjudicators are increasingly questioning the "National Importance" of a candidate’s endeavor. Even for those with impressive credentials, USCIS now demands evidence of how their work specifically benefits the U.S. on a prospective basis. For O-1A and O-1B visas, officers are applying narrower interpretations of "distinction" and "extraordinary ability," often mischaracterizing evidence already present in the record. Additionally, a troubling 2026 trend is the correlation between Premium Processing and RFEs . For discretionary categories like EB-1A and EB-2 NIW, Premium Processing has increasingly become a "fast track" to a poorly reasoned RFE. Reports indicate that adjudicators, pressured by 15-business-day timelines, may be relying on AI-assisted vetting tools that trigger automated RFEs with general and boilerplate language, rather than a thorough review and analysis of supporting documents and evidence filed. With USCIS employing more rigorous AI-driven vetting and a narrower interpretation of visa criteria, the margin for error has disappeared . As such, ensure you consult with an experienced immigration attorney before filing a petition. ' If you have any questions, please schedule a consultation with one of our experienced attorneys, and we will be more than happy to assist you.
In recent weeks, the U.S. government has moved to terminate Temporary Protected Status (TPS) for multiple countries, sparking a wave of last-minute litigation and creating significant uncertainty for beneficiaries. This shift is having a profound impact on those who rely on TPS for lawful presence and work authorization in the United States. Across the country, federal courts have intervened to pause or block scheduled TPS terminations for several countries, including Burma (Myanmar), Ethiopia, Haiti, South Sudan, and Syria. In response to these court orders, USCIS has updated its webpages to indicate that TPS status and related Employment Authorization Documents (EADs) are extended for these populations. However, USCIS is intentionally not providing specific new end dates for EAD validity while the litigation remains in flux. The Department of Homeland Security (DHS) has prominently noted that it "vehemently disagrees" with these court orders and is actively working with the Department of Justice on next steps. This legal landscape remains highly unpredictable and varies drastically depending on the country of origin. For example, on February 9, 2026, the 9th Circuit Court of Appeals granted a stay allowing the government to proceed with the termination of TPS for Nicaragua, Honduras, and Nepal while the underlying legal challenges continue. Because of this ruling, the automatic extension of work authorization for these individuals has ended, and employers are now required to reverify the work authorization of affected employees, who must present alternative valid documentation to continue their employment. These rapid changes and the lack of clear end dates are causing complications beyond the workplace. Because driver's licenses often track the length of an individual's authorized stay, many DMVs are currently declining to issue or renew driver's licenses for impacted TPS populations. For employers, managing internal communications, avoiding onboarding errors, and navigating Form I-9 compliance has become increasingly complex. It is more important than ever to be well-prepared and proactive in monitoring these rapid changes. At Santos Lloyd Law Firm, P.C., our immigration attorneys are ready to guide you through this evolving process and ensure you are informed, and supported. Please contact us if you have questions or need assistance.
