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Work Visa and Naturalization Common Sense

Naturalize the people who support the Constitution and who add the most value.

James Anthony
June 24, 2025

Entry, citizenship, and voting are resources of we the people [1], but keep getting taken [2] for cronies [3] by politicians.

Congressmen, by not summarily impeaching [4], and presidents, by their actions or inactions, defy the Constitution:

  • Subverting immigration and naturalization statutes, using memos and guidelines [5].
  • Admitting [6] and naturalizing aliens who in practice [7] don’t support the Constitution [8].
  • Naturalizing persons born in the USA but not subject to its jurisdiction [9].
  • Apportioning representatives not based on the number of citizens (which the 14th Amendment plainly shows is required [10]), but instead based on the total population [11].

Back to Basics

Under the first uniform rule of naturalization, passed in March 1790, the only requirements that would still count now were good character, two years’ residence, and a vow in court to support the Constitution [12].

We would do best to repeal the current naturalization and work-visa statutes and enact naturalization statutes like this first rule. Since entry and citizenship now are more-prized resources, we should adjust the rules to be as follows [13]:

  • Naturalize at a rate of 1% of the population per year.
  • Select the highest-earning applicants.
  • Select only candidates who support the Constitution [8]. Set a 10-year probationary period during which the privilege of naturalization will be revoked immediately if a candidate doesn’t support the Constitution even a single time, either by his words or by his actions.
  • Enact these requirements entirely by law passed by a congress and signed by a president, not at all through regulations enacted by unelected bureaucrats [14].

So then, we would no longer grant 0-1 extraordinary visas [15] and H-1B specialty [16] visas [17]. Instead, aliens could choose to be naturalized.

Naturalizing 1% of the population per year would strike a balance between preventing harm and gaining added value. The optimal naturalization rate would become faster if selection and probation would be enforced better. Presidents already are constitutionally required to from time to time report on enforcement [18] and recommend bills that would be better-enforceable [19].

Selecting the highest-earning applicants would take control out of the hands of politicians who use the force of law abusively. It would return control back into the hands of producers and ultimately customers [20], who in both cases make voluntary choices based on their own best understanding [21].

Requiring Constitution support and enforcing this well would greatly limit harms from naturalization.

Genuine Constitution support [22] would also greatly promote the general welfare. Government people who support the Constitution separate powers and use offsetting powers against others in government to severely limit them. This leaves everybody freer and much better off [23], [24], as many generations of Americans have known well from personal experience [25]:

  • In the American Colonies in peacetimes, total taxes as a percentage of GDP were just 1% to 2%. Under these world’s-lowest taxes, the colonists’ income per person built up to a purchasing power that exceeded that of Great Britain’s people by a spectacular 68% [26].
  • In the USA in peacetimes through 1913, total government spending as a percentage of GDP were kept comparatively low at just 3% to 8%. People in the USA kept adding value faster than people elsewhere did, making our nation a world power.
  • In the USA now, total government spending as a percentage of gross domestic product is 43% [27].

Enacting naturalization rules by law, not as regulations, would make the overall system drastically simpler [28], clearer, operable, and maintainable.

Legislators would pass bills consisting of rules and sanctions, executives would sign, and executives would enforce the resulting rules and sanctions. Legislators could summarily impeach legislators and executives who pose risks to our rights [29], and in practice might at least remove executives who pose risks. Voters could replace rights-risking legislators and executives.

Cease and Desist

Commonsense naturalization would work well with most adults, but complementary measures are needed for producers, older workers, and young people.

For producers, executives should order an immediate stop to enforcement of all regulations, which are unconstitutional [30]. Legislators should formally repeal all statutes that create administrative organizations.

For older workers, the current congressmen and president should eliminate the arbitrary Social Security ages that currently lead employers to make it harder for these workers to work. Each person’s Social Security distributions add up to the same projected total value regardless of his age when he retires. If a worker retires at age 62 he receives smaller distributions for longer, and if he retires at age 70 he receives larger distributions for a shorter time. The statutes should be revised so these same adjustments will be made regardless of a person’s age at retirement, even if he retires when he’s younger or older. Some people would retire younger or older, and employers could no longer assume that they know when people are going to retire. Employers would have incentivizes to no longer lay off workers as young as a few years before age 62, and to hire workers who are in that age range or who are even older [31].

For young people, legislators and executives in all jurisdictions should repeal all statutes requiring schooling, maintaining government schools, controlling content, and blocking children, young adults, and nonprofessionals from getting paid to teach. With parents and young adults back in supervisory control, schooling will help young people develop expertise in reading, writing, and problem-solving [32].

In all, young people will start with more expertise and will add more value. Many highly-capable people will choose to put their peak skills and life experiences to work in better jobs for longer, adding more value. Immigrants will add more value and will increase the USA people’s freedom. Producers—especially small and medium-sized businesses—will more-quickly start new projects and hire more people, and as a result will add more value and will pay more. All these people’s actions will augment and enrich the USA’s world’s-best networks for adding value.

When we build a better home, some people move here, and others elsewhere also learn from us [33]. Both here and abroad, we build a better world.

References

  1. USA Constitution, amend. 4.
  2. USA Constitution, amend. 5.
  3. USA Constitution, preamble.
  4. Anthony, James. “Constitutional Impeachment Is Loss Prevention.” rConstitution.us, 5 Feb. 2021, rconstitution.us/constitutional-impeachment-is-loss-prevention/. Accessed 23 June 2025.
  5. Arthur, Andrew R. “A Brief History of Immigration Enforcement Guidelines and Restrictions.” Center for Immigration Studies, 23 Dec. 2024, cis.org/Report/Brief-History-Immigration-Enforcement-Guidelines-and-Restrictions. Accessed 23 June 2025.
  6. @RobertMSterling. “To start with, this program is MASSIVELY popular with employers. The program has a statutory limit of 85,000 visas per year, but employers routinely receive approval for more than 800k applications per year (868k, or 10x the limit, in 2024).” X, 28 Dec. 2024, 7:10 p.m., x.com/RobertMSterling/status/1873174742129361084.
  7. “Immigration Criteria That Don’t Rig Elections Will Protect Freedom.” WhatWorks.site, whatworks.site/immigration-criteria/. Accessed 23 June 2025.
  8. Anthony, James. “Pledges to Governments and Parties Should Respect Individuals.” Free the People, 30 June 2024, freethepeople.org/pledges-to-governments-and-parties-should-respect-individuals/. Accessed 23 June 2025.
  9. Horowitz, Daniel. “Here’s What the Supreme Court Actually Said about ‘Birthright’ Citizenship.” Blaze Media, 31 Oct. 2018, www.theblaze.com/conservative-review/heres-what-the-supreme-court-actually-said-about-birthright-citizenship. Accessed 23 June 2025.
  10. USA Constitution, amend. 14, sec. 2.
  11. Spakovsky, Hans A. von. “Apportionment and the Census: Fundamental Fairness to U.S. Citizens and Democratic Process.” Heritage, 26 Jan. 2023, www.heritage.org/election-integrity/commentary/apportionment-and-the-census-fundamental-fairness-us-citizens-and. Accessed 23 June 2025.
  12. USA Constitution, art. I, sec. 8, cl. 4.
  13. Anthony, James. “Action Items to Faithfully Execute the Constitution.” Lew Rockwell, 3 Dec. 2024, www.lewrockwell.com/2024/12/james-anthony/action-items-to-faithfully-execute-the-constitution/. Accessed 23 June 2024.
  14. Anthony, James. “On the Reading of Old Constitutions.” us, 9 Oct. 2020, rconstitution.us/on-the-reading-of-old-constitutions/. Accessed 23 June 2025.
  15. “Chapter 4 – O-1 Beneficiaries.” USCIS, 13 June 2025, www.uscis.gov/policy-manual/volume-2-part-m-chapter-4. Accessed 23 June 2025.
  16. “Part H – Specialty Occupation Workers (H-1B, E-3).” USCIS, 13 June 2025, www.uscis.gov/policy-manual/volume-2-part-h. Accessed 23 June 2025.
  17. Jacobs, Elizabeth. “DHS Issues New Regulation to Automatically Extend the Validity Period for Many Work Permits.” Center for Immigration Studies, 19 Dec. 2024, cis.org/Jacobs/DHS-Issues-New-Regulation-Automatically-Extend-Validity-Period-Many-Work-Permits. Accessed 23 June 2025.
  18. USA Constitution, art. II, sec. 3, state of the union clause.
  19. USA Constitution, art. II, sec. 3, recommendations clause.
  20. Anthony, James. “The Forgotten Customers.” rConstitution.us, 4 Nov. 2022, rconstitution.us/the-forgotten-customers/. Accessed 23 June 2025.
  21. Hayek, F. A. “The Use of Knowledge in Society.” The American Economic Review, vol. 35, no. 4, Sep. 1945, pp. 519–30.
  22. Anthony, James. “Do Your Support the Constitution? Take This Quiz and See.” rConstitution.us, 10 Dec. 2021, rconstitution.us/do-you-support-the-constitution-take-this-quiz-and-see/. Accessed 23 June 2025.
  23. Anthony, James. “Economic Growth Is a Natural Effect of Christianity.” rConstitution.us, 3 Dec. 2021, rconstitution.us/economic-growth-is-a-natural-effect-of-christianity/. Accessed 23 June 2025.
  24. Simon, Julian L. “More People, Greater Wealth, More Resources, Healthier Environment.” Economic Affairs, 14, no. 3, Apr. 1994, pp. 22–9.
  25. Anthony, James. “The Duty to Limit the Take.” Lincoln Memorial University Law Review, vol. 12, no. 3, 2025 (forthcoming).
  26. Anthony, James. The Constitution Needs a Good Party: Good Government Comes from Good Boundaries. Neuwoehner Press, 2018, p. xv.
  27. Chantrill, Christopher. “Multiyear Download of US Government Spending 1820-2029.” USGovernmentSpending, www.usgovernmentspending.com/download_multi_year_1820_2029USp_26s2li101mcny_F0t. Accessed 24 June 2025.
  28. Landau, Joseph. “Bureaucratic Administration: Experimentation and Immigration Law.” Duke Law Journal, vol. 65, no. 6, Mar. 2016, pp. 1173–240.
  29. Anthony, James. “Constitutional Impeachment Is Loss Prevention.” rConstitution.us, 5 Feb. 2021, rconstitution.us/constitutional-impeachment-is-loss-prevention/. Accessed 24 June 2025.
  30. Lawson, Gary. “The Rise and Rise of the Administrative State.” Harvard Law Review, vol. 107, no. 6, Apr. 1994, pp. 1231–54.
  31. Anthony, James. “The Worst Age Discrimination Is Social Security’s Gray Wall.” rConstitution.us, 30 Apr. 2021, rconstitution.us/the-worst-age-discrimination-is-social-securitys-gray-wall/. Accessed 24 June 2025.
  32. Anthony, James. “Government-Free Schooling.” Lew Rockwell, 21 Sep. 2024, www.lewrockwell.com/2024/09/james-anthony/government-free-schooling/. Accessed 24 June 2025.
  33. Anthony, James. “The Worst of Times, the Best of Times.” Free the People, 25 May 2025, freethepeople.org/the-worst-of-times-the-best-of-times/. Accessed 24 June 2025.

James Anthony is an experienced chemical engineer who applies process design, dynamics, and control to government processes. He is the author of The Constitution Needs a Good Party and rConstitution Papers, the publisher of rConstitution.us, and an author in The Hill, Daily Caller, Blaze Media, Western Journal, American Thinker, The Federalist, Foundation for Economic Education, Lew Rockwell, Mises Institute, American Greatness, and Free the People. For more information, see his media and about pages, overview, and fresh takes on the Constitution.

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