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 Department of Homeland Security (DHS) published its final rule eliminating the longstanding "duration of status" (D/S) policy for F, J, and I visa holders, replacing it with a fixed period of admission effective September 15, 2026. This rule requires that those who need additional time to complete their programs must file Form I-539 with USCIS or travel abroad and seek to reenter to extend their authorized period of stay. F and J visa holders present in the U.S. and in valid status on September 15, 2026, will be allowed to remain in the United States until the Program End Date listed on their current Form I-20 (for F-1s) or Form DS-2019 (for J-1s), up to a maximum of four years (until September 15, 2030) plus a 60-day grace period for F-1s and a 30-day grace period for J-1s, without filing an Extension of Status request with USCIS. However, this safety net only applies while staying in the U.S.; international travel and subsequent reentry after September 15, 2026 will result in readmission under the new rule with an I-94 that expires on the Program End Date or Employment Authorization Document (EAD) expiration, but no later than four-years after their date of re-entry. Additionally, once re-admitted under the new rules, F-1s will only receive a 30-day grace period. Immediate Practice Tips: Any F-1 or J-1 nonimmigrant currently in the U.S. who plans to change programs, start a new degree level, or needs more time to complete their studies must work with their school or program sponsor to update their SEVIS record and receive an extended Form I-20 or DS-2019 before September 15, 2026. Eligible F-1 students should submit their post-completion OPT or STEM OPT work authorization applications (Form I-765) before September 15, 2026, to secure their status and drastically reduce the likelihood of needing a Form I-539 extension application. Any F-1 student who is eligible to apply for OPT or STEM OPT before March 18, 2027, should do so as soon as they are eligible to file their Form I-765. Since F-1s can file OPT applications up to 90 days in advance of graduation, F-1 students graduating before June 15,2027, should be able to file their OPT applications before March 18, 2027, and should do so to avoid also having to file Form I-539 to extend their stay. Thus, most F-1 students graduating in December 2026 and May/June 2027 should be able to take advantage of the transition rule’s delay in having to file Form I-539 applications and should only need to file Form I-765 to apply for OPT. Incoming F-1 and J-1 students who can enter the United States before the September 15, 2026 effective date (within the permissible 30-day window prior to their program start) should do so to benefit from the transition rules, including the full 60-day F-1 grace period and deferred extension requirements. Students (F-1 and J-1) who are planning international travel should return before the effective date if possible to preserve their transition benefits. There are many parts of the rule that are not discussed here. If you are currently an F-1 or J-1 visa holder, you should proactively coordinate with your institutions and international office to protect your status and stay informed.
U.S. Citizenship and Immigration Services (USCIS) has released updated policy guidance detailing how officers will evaluate "public charge" inadmissibility for individuals applying for green cards through adjustment of status. This update follows a Department of Homeland Security (DHS) final rule that rescinds the 2022 public charge regulations. The new policy takes effect on September 18, 2026 , and applies to all green card applications (Form I-485) postmarked or submitted on or after that date. Who Is Subject to the Public Charge Rule? Most family-based and employment-based green card applicants will be subject to the public charge ground of inadmissibility. This includes spouses, children, and parents of U.S. citizens or legal permanent residents, as well as most employment visa preference categories, investors, and diversity visa applicants. Certain categories remain explicitly exempt under immigration law. These include: Asylees and refugees Victims of human trafficking (T visa) or crime (U visa) Violence Against Women Act (VAWA) self-petitioners Special Immigrant Juveniles Temporary Protected Status (TPS) applicants Certain military-related applicants and other designated humanitarian groups How USCIS Will Make Determinations USCIS officers will evaluate whether an applicant is likely to become a public charge by reviewing the totality of their circumstances on a case-by-case basis. Key factors include: Five Statutory Factors: Age, health, family status, assets/financial resources, and education or skills. Affidavit of Support: Submission of Form I-864 executed by a sponsor. Use of Public Benefits: USCIS will look at means-tested public benefits, such as cash assistance for income maintenance, housing assistance, food stamps (SNAP), or college financial aid. Note on timing: For benefits received before September 18, 2026, USCIS will only consider public cash assistance for income maintenance and long-term institutionalization at government expense. For benefits received on or after September 18, 2026, the broader consideration of all listed means-tested benefits will apply. Public Charge Bonds If an officer determines that an applicant is inadmissible solely on public charge grounds, USCIS may issue a Notice of Intent to Deny that invites the applicant to post a public charge bond using Form I-945. If an invited applicant successfully posts the required cash or surety bond, USCIS may approve the application for permanent residence. Public charge bonds can only be submitted if explicitly invited by USCIS. Santos Lloyd Law Firm will continue to monitor immigration developments closely and provide updates as further implementation details are released. For more information, please access: https://www.uscis.gov/newsroom/alerts/uscis-issues-guidance-on-making-public-charge-inadmissibility-determination
The Department of Homeland Security (DHS) is considering a regulatory proposal that would remove the discretionary 60-day grace period currently available to certain nonimmigrant visa holders (including H-1B, L-1, TN, E, and O-1) and their dependents. The draft rule is currently undergoing interagency review by the Office of Management and Budget (OMB) and has not yet been formally published for public feedback. What This Means Right Now Nothing changes today. The 60-day grace period remains in effect while this rule goes through the approval process. Under current rules, if your job ends early, you have up to 60 days (or until your I-94 expires) to leave the U.S., find a new sponsor, or apply to change status. What Could Change If approved, foreign workers who lose their jobs would no longer get automatic time to find a new employer or change status from within the U.S. They would generally be required to leave the country immediately. Next Steps Once the OMB finishes its initial review, the proposed rule will be published in the Federal Register, opening a public comment period of 30 to 60 days. Based on feedback received during this time, DHS may decide to alter, withdraw, or proceed with the proposal. If the government decides to finalize the rule, the entire process will likely take several months before taking effect. Santos Lloyd Law Firm will continue to monitor developments closely and will share updates on our immigration blog and social media pages as more details emerge.
