The Immigration Act of 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 a 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. 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."

Background

Prior to the introduction of the Immigration Act of 1990, there was discussion in Congress concerning immigration reform, particularly on the number of immigrants that were allowed to enter the United States. In 1988, the House voted against a proposal that would limit the number of immigrants' family members who could enter the United States. With the system at the time allowing for unlimited family members to enter, immigration reform opponent groups largely contended with the allowance of this system. The Senate then debated immigration reform in 1989, before Ted Kennedy proposed the Immigration Act of 1990, which continued family-based immigrant visas.

The most significant provision of the Immigration Act of 1990 was the increase in immigrants that were allowed to come into the US: Title I, Sec. 104, which increased the number of asylees able to enter the country. In this same title, the bill allowed for an increase in family-based, as well as visa-based immigration.

Compared to the bill's initial introduction in the Senate, the final draft's ultimate objective differed little from what was intended. However, wording of the law's official draft varied considerably from the original. For example, in the final version's antecedent, provisions contained numerous specific immigration caps for different categories, instead of the simple 675,000 per year found in the law. Much of this language used in Title I was eliminated in the Act's final form.

Family reunification

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. 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."

There are a number of qualifications to obtaining this visa besides being from one of the qualifying zones. Applicants must:

  • Have a high school diploma; or
  • Have two years' work experience and two years' job training

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. 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).
  • 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.
  • Extension of the visa waiver program that allows immigrants who do not have a visa to enter the country.
  • There was enhanced enforcement which provided repair and construction of borders to deter illegal entry on the US borders. It also increased the amount of 1,000 border patrol officers of the INS. The INS created new penalties for immigrants who were found guilty of using fraudulent documentations for immigration purpose.
  • July 11–13, 1989: 4300 House version.
  • July 1989: Senate debates bill.
  • House Hearings: September 27, 1989 and February 21, 1990, then 4 hearings in March.
  • October 2–3, 1990: Debated 4300, then passed the Senate bill, but inserted the House text.
  • Senate hearings: March 3, 1989.
  • October 3, 1990: Debate takes place in the House for the bill.
  • October 3, 1990: More extensive article of the debate mentioned above.
  • October 4, 1990: Bill is passed in the House.
  • October 7, 1990: Reaction of immigrants supporting the bill.
  • November 29, 1990: Signed into law by Bush Sr.

Jordan Commission

Following the passage of this act, there were more immigrants admitted to the U.S. from 1991 to 2000 than any prior decade in U.S. history with 10–11 million documented entries.

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."