The Immigration Act of 1990 was a significant piece of legislation that brought about substantial changes to U.S. immigration policy. It was signed into law by President George H. W. Bush on November 19, 1989, and it replaced many previous provisions with new rules and regulations. This act aimed to address various aspects of immigration, including family reunification, employment-based immigration, diversity, and refugee resettlement.
1. Family – Based Immigration
Increased Family – Based Visas
One of the primary focuses of the Immigration Act of 1990 was to increase the number of visas available for family – based immigration. Prior to this act, there were limitations on the number of visas granted to immediate relatives of U.S. citizens and preference categories for other family members. The act raised the annual limit on family – based visas from 270,000 to 480,000. This expansion allowed more families to be reunited in the United States.
For example, spouses and unmarried children under 21 years old of U.S. citizens were given immediate relative status, which meant they could immigrate without any numerical restrictions. Additionally, the act increased the number of visas available for parents, siblings, and married children of U.S. citizens.
Elimination of Per Country Limitation
Another important change in family – based immigration was the elimination of the per – country limitation. Previously, there were caps on the number of visas that could be issued to immigrants from certain countries each year. This often resulted in long waiting lists for immigrants from countries with large numbers of applicants, such as Mexico and India. The Immigration Act of 1990 eliminated these per – country limits for immediate relatives of U.S. citizens and certain preference categories. This change made it fairer and more efficient for families to reunite regardless of their country of origin.
2. Employment – Based Immigration
New Categories and Increased Caps
The Immigration Act of 1990 also made significant changes to employment – based immigration. It created new categories and increased the caps on existing ones to attract skilled workers to the United States. One of the new categories introduced was the “EB – 5” category, which is an immigrant investor program. Under this program, foreign nationals who invest a certain amount of money in a new commercial enterprise in the United States and create at least 10 full – time jobs for qualifying employees can apply for a green card.
This category has been popular among investors looking to gain residency in the United States while contributing to its economy. Another change was the increase in the number of visas available for professionals in science, engineering, and other high – demand fields through the “EB – 2” category. This change aimed to address the shortage of skilled workers in these industries and promote economic growth.
Protection for Asylum Seekers and Refugees
In addition to creating new employment – based categories, the Immigration Act of 1990 provided better protection for asylum seekers and refugees. It expanded the definition of a refugee to include individuals who are fleeing persecution due to political or religious reasons. This change recognized the importance of providing a safe haven for those who were at risk of harm in their home countries. The act also established procedures for the resettlement of refugees, ensuring that they had access to support services upon arrival in the United States. These provisions helped to strengthen the United States’ commitment to humanitarian values and the protection of vulnerable populations.
3. Diversity Lottery Program
Establishment of the Program
One of the most notable features of the Immigration Act of 1990 was the establishment of the Diversity Lottery Program. This program was designed to promote immigration from countries with low immigration rates to the United States. Each year, 50,000 visas are available through a random lottery system to natives of countries with historically low immigration levels. To participate in the lottery, applicants must have a high school education or its equivalent or two years of work experience in an occupation that requires at least two years of training or experience. The program aims to diversify the immigrant population and reduce reliance on traditional immigration sources.
Impact on Global Immigration Patterns
The Diversity Lottery Program has had a significant impact on global immigration patterns. It has provided an opportunity for people from countries that were previously underrepresented in U.S. immigration statistics to come to the United States. Many winners of the lottery have gone on to build successful lives in the United States, contributing to its cultural diversity and economic development. The program has also encouraged other countries to adopt similar measures to attract immigrants from diverse backgrounds.
However, it has faced criticism from some quarters, with concerns about the fairness of the selection process and the ability of lottery winners to integrate successfully into American society.
4. Reforms in Refugee Resettlement
Streamlining the Process
The Immigration Act of 1990 included several reforms aimed at streamlining the refugee resettlement process. It established clearer criteria for determining who qualifies as a refugee and simplified the application procedures. This made it easier for individuals who were fleeing persecution to obtain refugee status and be admitted to the United States. The act also increased the number of refugees that could be resettled each year, reflecting the growing recognition of the need to provide a safe haven for those affected by conflicts and human rights abuses around the world.
Enhancing Support Services
In addition to simplifying the process, the Immigration Act of 1990 also enhanced support services for refugees once they arrived in the United States. It mandated that federal agencies provide assistance in areas such as housing, employment, language training, and healthcare. This ensured that refugees had a better chance of successfully integrating into American society and becoming self – sufficient. These support services have played a crucial role in helping refugees rebuild their lives and contribute to their communities.
5. Legalization and Amnesty Programs
Special Agricultural Workers
The Immigration Act of 1990 also addressed the issue of illegal immigration through legalization and amnesty programs. One such program was for special agricultural workers (SAW). SAWs were individuals who had worked in agriculture in the United States for at least 90 man – days during the twelve – month period ending on May 1, 1986. They were eligible for legal permanent residency if they met certain requirements, such as having a continuous period of employment in agriculture after May 1, 1986, and being admissible under immigration laws. This program aimed to recognize the contributions of agricultural workers who were an essential part of the U.S. agricultural industry but were living and working in the country illegally.
Immigration Reform and Control Act (IRCA) Provisions
The Immigration Act of 1990 also contained provisions related to the Immigration Reform and Control Act (IRCA) of 1986. IRCA had imposed sanctions on employers who hired unauthorized aliens and provided a path to legalization for certain undocumented immigrants who had been continuously present in the United States since January 1, 1982. The Immigration Act of 1990 extended some of these benefits to additional groups of undocumented immigrants, such as those who were immediate relatives of U.S. citizens or permanent residents. It also provided transitional rules for employers to comply with IRCA’s employer verification system, known as the I – 9 system. These provisions helped to regularize the status of many undocumented immigrants and improve labor market compliance with immigration laws.
Conclusion
The Immigration Act of 1990 was a comprehensive piece of legislation that brought about significant changes in various aspects of U.S. immigration policy. It increased family – based visas, created new employment – based categories, established the Diversity Lottery Program, reformed refugee resettlement processes, and provided legalization and amnesty options for certain groups of immigrants. These changes had a profound impact on both the United States and the global community. They facilitated family reunification, attracted skilled workers, promoted diversity, protected vulnerable populations, and addressed issues related to illegal immigration. While the act faced some criticisms and challenges in implementation, it remains an important milestone in the history of U.S. immigration law and continues to shape immigration policy today.
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