Immigration Act of 1990

Immigration Act of 1990 was a major piece of legislation signed into law by President George H. W. Bush that fundamentally restructured the legal immigration system of the United States. It represented the most comprehensive overhaul of immigration law since the Immigration and Nationality Act of 1965, significantly increasing overall immigration levels and creating new visa categories. The law placed a greater emphasis on employment-based immigration and introduced the Diversity Immigrant Visa program, while also modifying family-sponsored preferences.

Background and legislative history

The push for reform emerged from a growing consensus in the late 1980s that the existing system, shaped by the Immigration Reform and Control Act of 1986, was not adequately meeting the economic needs of the United States. Key figures like Senator Ted Kennedy and Congressman Bruce Morrison argued that the country needed to attract more skilled workers to compete with economic rivals like Japan and Germany. The legislation was crafted over several years, navigating debates between advocates for family unification and proponents of a more skills-based system, ultimately passing with broad bipartisan support in the 101st United States Congress.

Major provisions

The act increased the total level of immigration to 700,000 annually for the first three years, then to 675,000 thereafter. It created a new three-tiered system for employment-based immigration, including categories for priority workers, professionals with advanced degrees, and skilled workers. A significant innovation was the establishment of the Diversity Immigrant Visa program, often called the "green card lottery," which allocated visas to nationals of countries with low rates of immigration to the United States. The law also created new nonimmigrant visa categories, such as the O visa for individuals with extraordinary ability and the Temporary Protected Status designation.

Effects and impact

The legislation led to a substantial and immediate increase in legal immigration, particularly from Asia and Africa, due to the diversity lottery. It facilitated the entry of hundreds of thousands of highly skilled professionals in fields like technology, medicine, and engineering, bolstering industries in regions like Silicon Valley. The act also altered the demographic composition of family-based immigration by modifying preference categories and per-country limits. Furthermore, it provided a pathway to legal status for certain nationals from countries like El Salvador through Temporary Protected Status.

Criticism and controversy

Critics, including some members of Congress like Alan Simpson, argued that the increased immigration levels were too high and would strain public resources. Some labor unions, such as the AFL–CIO, contended that the employment-based provisions could suppress wages for American workers. The Diversity Immigrant Visa program faced ongoing scrutiny over its security and fairness, with critics arguing it was a random system not aligned with national interest. Debates also persisted about whether the family-sponsored categories still overshadowed the economic needs of the United States.

Subsequent amendments and related legislation

Key provisions were later modified by laws such as the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which added enforcement measures. The American Competitiveness and Workforce Improvement Act of 1998 increased caps on certain employment-based visas like the H-1B visa in response to tech industry demands. Later reforms, including proposals during the administrations of George W. Bush and Barack Obama, often used the framework established by this act as a baseline for debating comprehensive immigration reform.

Category:United States federal immigration and nationality legislation Category:1990 in American law Category:101st United States Congress