Immigration Act of 1990
|Long title||An Act To amend the Immigration and Nationality Act to change the level, and preference system for admission, of immigrants to the United States, and to provide for administrative naturalization, and for other purposes.|
|Enacted by||the 101st United States Congress|
|Public law||Pub.L. 101–649|
|Statutes at Large||104 Stat. 4978|
|Titles amended||8 U.S.C.: Aliens and Nationality|
The Immigration Act of 1990 (Pub.L. 101–649, 104 Stat. 4978, enacted November 29, 1990) was signed into law by George H. W. Bush on November 29, 1990. It was first introduced by Senator Ted Kennedy in 1989. It was a national reform of the Immigration and Nationality Act of 1965. It increased total, overall immigration to allow 700,000 immigrants to come to the U.S. per year for the fiscal years 1992–94, and 675,000 per year after that. It provided family-based immigration visa, created five distinct employment based visas, categorized by occupation, and a diversity visa program that created a lottery to admit immigrants from "low admittance" countries or countries whose citizenry was underrepresented in the U.S.
Besides these immigrant visas there were also changes in nonimmigrant visas like the H-1B visa for highly skilled workers. There were also cutbacks in the allotment of visas available for extended relatives. Congress also created the temporary protected status (TPS visa), which the Attorney General may provide to immigrants who are temporarily unable to safely return to their home country because of ongoing armed conflict, an environmental disaster, or other extraordinary and temporary condition. It specifically benefited citizens of El Salvador.
The act also lifted the English testing process for naturalization that had been imposed in the Naturalization Act of 1906 for permanent residents who are over 55 and have been living in the United States for fifteen years as a permanent resident, and eliminated exclusion of homosexuals under the medically unsound classification of "sexual deviant" that was in the 1965 Act. George H. W. Bush is quoted as saying, "I am also pleased to note that this Act facilitates immigration not just in numerical terms, but also in terms of basic entry rights of those beyond our borders."
Family reunification remained a priority as it had been in the Immigration and Nationality Act of 1965. The 1990 Act expanded the number of family-based immigration visas allotted per year to 480,000 but also made the definition of family more exclusive by limiting it to immediate family members.
Employment-based immigration was divided amongst five occupational categories in the 1990 Immigration Act (the 1965 Act had only two). The Act provided 140,000 visas per year for job-based immigration. These categories were:
The EB 4 visa is vague but has to do with religious workers who wish to continue their career in the US. The distinct category exists because the other visas require employer contact and labor certification through the US Department of Labor, and the religious worker visa applicant is not strictly limited to employer-sponsored entry.
In addition to having to be employer-sponsored, the foreigner usually must be applying to work in an area of labor shortage in the US, or the employer must bargain on the foreigner's behalf and prove that it exhausted all other domestic recruiting efforts.
Diversity Immigrant Visas
Diversity Immigrant Visa was a new, important facet of the amendment was for the first time been instituted in national immigration policy. "Starting in 1991, every year the Attorney General, decides from information gathered over the most recent five year period the regions or country that are considered High Admission or Low Admission States" from that analysis, citizens of certain nations are deemed eligible or ineligible to apply for a diversity visa. "A High Admission region or country is one that has had 50,000 immigrants or more acquire a permanent residency visa. The High Admission regions are not given visas under this act in order to promote diversity." Starting in fiscal year 1995, the cap of 55,000 visas were allotted as "diversity" visas. The number is now more around 50,000. Changes have been made to the diversity visa requirements almost every other year (if not more often) since 1990 to assess which countries qualify. In 1990 the qualifying countries were Albania, Algeria, Argentina, Austria, Belgium, Czech Republic, Slovakia, Denmark, Estonia, Finland, France (including Guadeloupe and New Caledonia), Germany, Hungary, Iceland, Indonesia, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, the Netherlands, Norway, Poland, San Marino, Sweden, Switzerland and Tunisia and the United Kingdom (including Bermuda and Gibraltar). There are a number of qualifications to obtaining this visa besides being from one of the qualifying zones. Applicants must:
In addition, the SOS keeps track of age, occupation, education, etc. of all immigrants obtaining this visa. The selection of qualifying applicants is random. Someone approved and granted a visa has family unification extend to such visa holders. Children and spouses are eligible for permanent residency. The policy, notably, positively affected displaced Tibetans from 1991 to 1994, who were given 1,000 visas per year.
Comments from the Bush Administration
George Bush: "S. 358 accomplishes what this Administration sought from the outset of the immigration reform process: a complementary blending of our tradition of family reunification with increased immigration of skilled individuals to meet our economic needs."
"Today I am pleased to sign S. 358, the 'Immigration Act of 1990'—the most comprehensive reform of our immigration laws in 66 years."
"Immigration reform began in 1986 with an effort to close the 'back door' on illegal immigration through enactment of the 1986 Immigration Reform and Control Act (IRCA). Now, as we open the 'front door' to increased legal immigration, I am pleased that this Act also provides needed enforcement authority."
"I am also pleased to note that this Act facilitates immigration not just in numerical terms, but also in terms of basic entry rights of those beyond our borders. S. 358 revises the politically related 'exclusion grounds' for the first time since their enactment in 1952."
Controversy over the immigration act of 1990 stemmed mostly from the expansion of green cards for foreign laborers and new limits on access to temporary visas such as the H-1B visa for visiting scholars. A bulletin released by the Stanford University News Service in Sept. 1991 claims that "Stanford, and other universities, will have to do more paperwork to hire short-term visiting professors and researchers under the H-1 visa program."
The bill also introduced a cap of 65,000 per year to H-1B and excluded nurses, entertainers, athletes, and artists from qualifying. Another short term visa is "D" category nonimmigrants who work "aboard sea or air carriers or as longshore workers" to which more constraints were also added to their ability to obtain visas.
However, it also created new categories of nonimmigrant visas. The O and P categories were for extraordinarily skilled foreigners in the realm of entertainment, athletics, science, etc. Their admittance depended upon "consultation with the appropriate unions", usually who are asking them to the U.S. and their time allowed here depended on how long the event/activity they were participating in lasted.
Provisions of the Act
The Act generally retained the preference for family reunification immigration, but placed additional emphasis on employment-related immigration and created a category of immigrants from countries underrepresented in the immigrant pool. Specific provisions of the Act:
- Raised the cap on immigration from 270,000 people annually to 675,000 annually, and 700,000 for the first three years after the Act's enactment, and increased the per-country immigrant visa cap to 25,600 (from 20,000).
- For family-sponsored visas, set an annual minimum of 226,000, and a maximum set by a formula that generally yielded between 421,000 and 675,000.
- Created the diversity immigrant category for immigrants from underrepresented countries (those with fewer than 50,000 immigrants admissions over the preceding five years); since fiscal year 1995 this category (later called the Diversity Immigrant Visa category) has been allocated 55,000 visas each year.
- Granted Temporary Protected Status for Salvadorians fleeing violence in the Salvadoran Civil War;
- Provided for the hiring of 1,000 additional U.S. Border Patrol agents, increased penalties for violations of immigration law, and expedited deportation proceedings
- Amended the "medical exclusion" provisions of the Immigration and National Act to eliminate text that let agents exclude "suspected homosexuals", and removed the psychopathic personality and mental defect language that had been used for decades to exclude suspected homosexuals.
Following the passage of this act, there were more immigrants admitted to the U.S. in this decade than any prior decade in U.S. history with 10–11 million documented entries.
This act also led to the creation of the Jordan Commission or the U.S. Commission on Immigration Reform. The Commission released four reports covering every aspect of U.S. Immigration policy and evaluated its quality and effectiveness, making recommendations based on their findings.
The report concluded with the following statement of principles: "Properly-regulated immigration and immigrant policy serves the national interest by ensuring the entry of those who will contribute most to our society and helping lawful newcomers adjust to life in the United States. It must give due consideration to shifting economic realities. A well-regulated system sets priorities for admission; facilitates nuclear family reunification; gives employers access to a global labor market while protecting U.S. workers; helps to generate jobs and economic growth; and fulfills our commitment to resettle refugees as one of several elements of humanitarian protection of the persecuted."
- Stine, Stephen F. (December 7, 1990). "U.S. Companies in Hong Kong Hope Immigration Law Will Reduce Exodus". Wall Street Journal. p. B7D.
- Leiden, Warren. "Highlights of the U.S. Immigration Act of 1990". Fordham International Law Journal. Retrieved September 30, 2014.
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- Davis, Tracy. "Opening the Doors of Immigration: Sexual Orientation and Asylum in the United States". Washington College of Law. Archived from the original on August 22, 2002. Retrieved September 29, 2014.
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- "1990 Immigration law means good news, bad news for international scholars". Stanford University News Service. Retrieved September 30, 2014.
- "Immigration Act (United States) (1990)" in John Powell, Encyclopedia of North American Immigration (Facts on File, 2005), p. 138.
- Ruth Ellen Wasem, "Diversity Immigrant Visa Lottery Issues", Congressional Research Service (April 1, 2011), Report no. R41747.
- Susan F. Marti, A Nation of Immigrants (Cambridge University Press, 2011), p. 245
- Amy Baumann Grau, "U.S. Border Patrol" in Undocumented Immigrants in the United States: An Encyclopedia of Their Experience, Vol. I: A-J (ed. Anna Ochoa O'Leary: Greenwood, 2014), p. 737.
- Atticus Lee, "Sexual Deviants need Not Apply: LGBTQ Oppression in the 1965 Immigration Amendments" in The Immigration and Nationality Act of 1965: Legislating a New America (ed. Gabriel J. Chin & Rose Cuison Villazor: Cambridge University Press, 2015), p. 267.
- "The U.S. Commission on Immigration Reform (1990-1997): "Jordan Commission"". Immigration Policy Center. American Immigration Council. Archived from the original on January 5, 2014. Retrieved January 10, 2014.