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.
The United States has long been a destination for the world’s most talented athletes—not only to compete at the highest level, but to access world-class training, coaching opportunities, and long-term career prospects. Whether on the field, in the ring, or across the chessboard, athletes from across the globe are finding immigration pathways that allow them to pursue their athletic and professional goals in the U.S. U.S. immigration law offers several visa and green card options designed specifically for individuals with extraordinary athletic talent. These include the P-1A visa for internationally recognized athletes, the O-1A visa for individuals of extraordinary ability, and the EB-1A immigrant petition, which can lead to permanent residency and ultimately, U.S. citizenship. The P-1A visa is commonly used by professional athletes coming to the U.S. to compete in a specific event or season. This applies not only to individual athletes but also to members of teams or clubs recognized internationally. It is widely used by soccer players, basketball players, MMA fighters, Brazilian Jiu-Jitsu competitors, and even elite chess players. Athletes must demonstrate a high level of international recognition and a record of performance in their sport. The O-1A visa is a strong option for coaches who demonstrate extraordinary ability, typically evidenced by championship titles, sustained winning records, or recognition as integral to their team’s success. To qualify, a coach must establish that their expertise places them among the small percentage of top professionals in their field. For athletes seeking permanent status in the U.S., the EB-1A immigrant petition —often referred to as the “extraordinary ability green card”—provides a direct path to lawful permanent residency. It requires clear documentation that the individual is among the very best in their sport and has achieved sustained national or international success. Unlike other green card categories, the EB-1A does not require employer sponsorship and can be self-petitioned. This has become a common path for MMA world champions, BJJ black belt medalists, Olympic athletes, and chess grandmasters—many of whom now represent the U.S. at the highest levels of international competition. It’s important to note that U.S. immigration law defines “athlete” broadly. Whether you are a professional football player in Europe, a sprinter from the Caribbean, a judoka, a gymnast, or a grandmaster in chess, your achievements may qualify under these categories if they are properly documented and presented. The key is a consistent record of excellence and recognition in your sport on a national or international scale. Our office specializes in these types of immigration matters. Whether you are an individual athlete looking to relocate or an organization seeking to bring international talent to your roster, we offer tailored legal strategies to support your goals. If you are exploring options to compete, train, or build your future in the U.S., we’re here to help you take the next step.
In January 2025, the U.S. Congress passed the Laken Riley Act , marking a significant shift in immigration enforcement policy. The Act requires the Department of Homeland Security to detain certain non-U.S. nationals who have been arrested for theft-related offenses such as burglary, theft, larceny, or shoplifting. Under this Act, the Department of Homeland Security must detain an individual who: (1) is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and (2) has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting. The Act also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement. It authorizes state governments to sue for injunctive relief over certain immigration-related decisions or alleged failures by the federal government if the decision or failure caused the state or its residents harm, including financial harm of more than $100. Specifically, the state government may sue the federal government over a: Decision to release a non-U.S. national from custody; Failure to fulfill requirements relating to inspecting individuals seeking admission into the United States, including requirements related to asylum interviews; Failure to fulfill a requirement to stop issuing visas to nationals of a country that unreasonably denies or delays acceptance of nationals of that country; Violation of limitations on immigration parole, such as the requirement that parole be granted only on a case-by-case basis; or Failure to detain an individual who has been ordered removed from the United States. The Act's stringent detention requirements may lead to increased fear and uncertainty within immigrant communities. Individuals who are merely accused of certain crimes could face mandatory detention. The Act may also affect legal immigration processes. Increased detention and deportation efforts could strain resources, potentially leading to delays in processing visas and asylum applications. Given the evolving legal landscape: Stay Informed and/or Seek Legal Counsel - Consult with your immigration attorney to understand how new laws and policies may affect your situation and if you or someone you know is facing immigration-related legal issues. Know Your Rights - Familiarize yourself with your legal rights, especially concerning interactions with law enforcement and immigration authorities. Community Engagement - Participate in community organizations that provide support and resources for immigrants, fostering a network of assistance and advocacy. If you have any questions or would like to consult with an experienced immigration attorney, contact our office to schedule a consultation.
In a renewed wave of enforcement, U.S. Immigration and Customs Enforcement (ICE) has started sending formal alerts to certain F-1 students participating in Optional Practical Training (OPT), flagging that their records reflect over 90 days without any reported employment. These students have been advised to update their employment status in the Student and Exchange Visitor Information System (SEVIS) within 15 days. Failure to take timely corrective action may lead to the termination of the student's SEVIS record, effectively marking them as out of status, and may ultimately trigger removal proceedings. The notices are intended as a warning that students who do not comply with OPT reporting obligations are at risk of serious immigration consequences. Understanding OPT and Its Unemployment Limits Optional Practical Training (commonly referred to as “OPT”) is a work authorization benefit that allows eligible F-1 international students to gain hands-on experience in their field of study. Students may apply for pre-completion OPT (while still in school) or post-completion OPT (after graduation), typically for up to 12 months. Those with degrees in qualifying STEM fields may apply for an additional 24-month STEM OPT extension, giving them a total of 36 months of work authorization in the U.S. To maintain valid F-1 status while on OPT, students must remain actively employed in a position related to their field of study. The amount of time a student may remain in the United States while on OPT without being properly employed is capped at: 90 days during the standard 12-month post-completion OPT, and 150 days for those on the STEM OPT extension, which includes any days of unemployment accrued during the initial OPT period. These unemployment limits are cumulative and enforced strictly through SEVIS monitoring. What Should F-1 Students Do? If you are an F-1 student on OPT or STEM OPT and receive a warning or are unsure about your compliance status, act quickly: Contact your Designated School Official (DSO) immediately to review and, if necessary, update your SEVIS record. Ensure all employment is properly documented and reported through your school’s international office. Do not ignore warning notices, as failure to respond may lead to SEVIS termination and potentially the initiation of removal proceedings. It is also advisable to consult with a qualified immigration attorney to explore available options and understand how enforcement actions may affect your status or future immigration plans. If you received a notice or have questions about your F-1 status, our attorneys are here to help you take the right steps to protect your future in the United States. Contact us today to schedule a consultation.
