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Immigration Act of 1990
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The Immigration Act of 1990 was passed by Congress in 1990 and signed into law by President George H. W. Bush (R) on November 29, 1990. Its stated purpose was to "change the level, and preference system for admission, of immigrants to the United States, and to provide for administrative naturalization." The law increased annual limits on immigration to the United States, revised visa category limits to increase skilled labor immigration, and expanded and revised the grounds for removal and inadmissability. The law also created the Diversity Immigrant Visa Program as well as four new categories of nonimmigrant (temporary worker) visas.
Background
The Immigration Act of 1990 was introduced as S 358 in the U.S. Senate by Senator Ted Kennedy (D-Mass.) on February 7, 1989. Its stated purpose was to "change the level, and preference system for admission, of immigrants to the United States, and to provide for administrative naturalization." The Senate passed the bill by a vote of 81-17 on July 13, 1989. The House passed without objection an amended version of the bill on October 3, 1990. The Senate disagreed to the House amendments by a voice vote. S 358 was then moved to conference committee; the Senate agreed to the conference report 89-8 and the House agreed 264-118. President George H. W. Bush (R) signed the legislation into law on November 29, 1990.[1]
Provisions
Immigration limits
The Immigration Act of 1990 increased the annual limits on the total level of immigration to the United States. For fiscal years 1992 through 1994, the law limited the total number of immigrants to 700,000, to be decreased to 675,000 in fiscal year 1995 and each year thereafter.[1][2]
The law also divided the immigration limit into distinct categories. For fiscal years 1992 through 1994, the following limits applied:[2]
- 465,000 visas for family-related immigration
- 140,000 visas for employment-related immigration
- 55,000 visas for immediate relatives of immigrants granted amnesty
- 40,000 visas for immigrants from "adversely affected" countries
In fiscal year 1995 and thereafter, the following limits applied:[1][2]
- 480,000 visas for family-related immigration
- 140,000 visas for employment-related immigration
- 55,000 Diversity Lottery visas
Refugees were excluded from the immigration limits.
Preference system
- See also: Visa
The Immigration Act of 1990 established new family-based and employment-based immigration preference systems.[1][2]
Family-based preferences
- First preference: unmarried children of U.S. citizens
- Second preference: spouses and unmarried children of lawful permanent residents
- Third preference: married children of U.S. citizens
- Fourth preference: siblings 21 years old or older of U.S. citizens
Employment-based preferences
- First preference: individuals with extraordinary ability, outstanding professors or researchers, and multinational executives or managers
- Second preference: professionals holding an advanced degree or individuals with exceptional ability
- Third preference: skilled workers, individuals holding a bachelor's degree, or unskilled workers in sectors with a shortage
- Fourth preference: broadcasters, religious workers, medical graduates, and certain government employees
- Fifth preference: investors creating employment at a specified minimum number of new jobs
Diversity immigration
- See also: Diversity Lottery
The Immigration Act of 1990 created a new immigration category, the Diversity Immigrant Visa Program. The program issued visas specifically for immigrants who are citizens of countries from where fewer than 50,000 immigrants came to the United States over the previous five years. Under the law, a single country may receive no more than 7 percent of available diversity visas.[1][2]
The program was designed to award visas through a lottery system. The law required individuals interested to register with the program; a pool of applicants would then be randomly selected to apply for a visa. Registrants were required to have a high school diploma or two years of work experience. If a diversity visa was ultimately awarded and the immigrant was granted entry into the United States, he or she entered as a lawful permanent resident, or Green Card holder, and was allowed live and work in the country on a permanent basis.[1][2]
Nonimmigrant visas
The Immigration Act of 1990 revised visas awarded to nonimmigrants, such as temporary workers. In particular, the H visa category was revised to limit the number of visas issued for temporary skilled workers (H-1B) and temporary nonagricultural workers (H-2B). Under the law, the stay of H-1B visa holders was limited to six years. The law also established four new nonimmigrant visa categories:[1]
- the P visa category for athletes, artists, and entertainers of international recognition
- the O visa category for individuals with "extraordinary ability in the sciences, arts, education, business, or athletics"
- the Q visa category for international cultural exchange programs
- the R visa category for individuals in religious occupations
Naturalization
The Immigration Act of 1990 established some new provisions for immigrants to naturalize as United States citizens. Under the law, an officer of the Immigration and Naturalization Service (broken into three separate entities—U.S. Citizenship and Immigration Services (USCIS), U.S. Immigration and Customs Enforcement (ICE), and U.S. Customs and Border Protection (CBP)—in 2003) to make a formal declaration approving or denying applications for naturalization. Under the law, denied applicants were allowed to request an appeal hearing before another immigration officer, and further appeal to a U.S. district court.[1]
Enforcement and removal
Under immigration law, non-citizens are eligible for removal, or deportation, if they commit an aggravated felony. The Immigration Act of 1990 expanded the list of offenses that count as an aggravated felony to include the following:[1]
- drug trafficking
- money laundering resulting in a sentence of at least five years in prison
- violent crimes resulting in a sentence of at least five years in prison
- violations committed outside of the United States
- violations of foreign law resulting in a prison sentence that was served within the previous 15 years
The law also shortened the time frame during which individuals may request a judicial review of their final order of removal from two months to one month. Officers of the Immigration and Naturalization Service (INS) were prohibited from issuing a stay of removal for non-citizens convicted of an aggravated felony. Non-citizens removed for committing an aggravated felony were prohibited from returning to the United States for 20 years; previously, the bar on reentry had been 10 years for such individuals. Finally, individuals convicted of an aggravated felony were prohibited from applying for asylum in the United States.[1]
The law revised the grounds for removal by establishing five categories by which an individual may be eligible for removal:[1]
- considered inadmissable for entry into the country or upon adjustment of legal status, or violated legal status
- committed a criminal offense
- failed to register for legal documents or falsified such documents
- considered a security threat
- considered likely to become dependent on government assistance
The law also allowed INS officers to make warrantless arrests for certain crimes unrelated to immigration, carry firearms, and execute or serve any order, warrant, summons issued by the federal government.[1]
Inadmissability
The Immigration Act of 1990 revised the grounds for inadmissability into the country as a legal immigrant:[1]
Health-related grounds
- individuals with a communicable disease that could threaten public health
- individuals with a physical or mental disorder and associated behavior that threatens public safety
- individuals who abuse or are addicted to drugs
Criminal grounds
- individuals convicted of crimes involving moral depravity or illegal drugs
- individuals convicted of multiple crimes
- individuals who have trafficked controlled substances
- individuals convicted of prostitution or other commercialized vices
- individuals involved in serious crimes who have claimed immunity from prosecution
Security grounds
- individuals intending to perpetrate activity to oppose, control, or overthrow the United States government
- individuals who have engaged or intend to engage in terrorist activity
- individuals who could seriously negatively impact foreign relations if granted entry
- individuals affiliated with a totalitarian party
- individuals who have participated in Nazi persecutions or in genocide
Miscellaneous grounds
- individuals considered likely to become dependent on government assistance
- individuals who do not meet special rules for labor certification in certain professions
- individuals who have violated immigration law
- individuals who do not provide proper documentation to receive a visa
- individuals ineligible for citizenship
- individuals who practice polygamy
- individuals who are guardians of inadmissible individuals
- individuals who engage in international child abduction
See also
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External links
Footnotes
