United States · Bill · S
S. 2104 (100th)
A bill 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.
Original
Introduced
26 February 1988
Last action
16 September 1988 · Committee
Status
Subcommittee Hearings Held.
Sponsors
Sen. Biden, Joseph R., Jr. [D-DE]
Subjects
Immigration
Source updated
10 August 2026
Summary
Immigration Act of 1988 - Amends the Immigration and Nationality Act to establish a three-year, two-tiered immigration level of 590,000 annual entries made up of 440,000 "family connection" immigrants and 150,000 "independent" (employment-related) immigrants. Requires the Attorney General, in consultation with the Secretaries of Labor, State, Health and Human Services, Housing and Urban Development, and the Administrator of the Environmental Protection Agency, to report annually, beginning in FY 1993, to the President and to the appropriate congressional committees on the social, economic, and environmental impacts of immigration. Requires the President, at three-year intervals beginning in March 1992, to submit to the Congress a determination to maintain or change immigration levels. Provides that: (1) if the determination contains a change of less than five percent, such change shall become effective unless the Congress objects within a specified time; and (2) if the determination contains a change of five percent or more, the Congress must take specified affirmative approval action. Limits annual "family connection" visas from each foreign country to seven percent (or two percent in the case of a dependent area) of the annual total of such visas. Revises the immigration admissions preference system. Allocates "family connection" preferences as follows: (1) parents and unmarried sons and daughters of U.S. citizens; (2) spouses and unmarried sons and daughters of permanent resident aliens; (3) certain married sons and daughters or brothers and sisters of U.S. citizens; and (4) never married brothers and sisters of U.S. citizens. Allocates "independent" preferences as follows: (1) special immigrants; (2) aliens who are members of the professions with advanced degrees or aliens of exceptional ability; (3) skilled workers; (4) employer-commercial investors; and (5) selected immigrants chosen on a point system basis. Sets forth the following point system criteria: (1) age; (2) education; (3) English language ability; (4) U.S. occupational demand; and (5) occupational training and work experience. Directs the Secretary of State, in consultation with the Attorney General and the Secretaries of Labor and Education, to establish such point system. States that all such preference visas shall be issued in the order in which they were filed. Amends petitioning procedure provisions. Permits special immigrant petitions to be filed with the Attorney General, except for former overseas U.S. employees who must file with the Secretary of State. Directs the Secretary to issue regulations regarding selected immigrant status. Amends labor certification provisions to exclude certain classes of immigrants unless the Secretary of Labor certifies that there are not sufficient qualified U.S. workers and that employment of aliens in such positions will not adversely affect U.S. workers' wages and conditions. Directs the Secretary to conduct a study of the labor certification process and report to the appropriate congressional committees by March 31, 1992. Establishes a two-year conditional permanent resident status for certain alien entrepreneurs and their families. Authorizes the Attorney General to terminate such status and institute deportation proceedings upon a finding that the qualifying enterprise was not genuine. Establishes criminal penalties for such violations. Provides for selected immigrant visa fees. Amends Federal law to credit to a Department of State account up to $20,000,000 from fees collected by consular officers to pay expenses for research, development, equipment, and automation of visa and passport functions.
This text is taken from the official record. PoliticalRepo does not editorialize.
Timeline
23 February 1988
Reported
Committee on Judiciary ordered to be reported an original measure.
Source: Committee
26 February 1988
Calendars
Placed on Senate Legislative Calendar under General Orders. Calendar No. 568.
Source: Calendars
26 February 1988
Reported
Committee on Judiciary. Original measure reported to Senate by Senator Byrd for Senator Biden. With written report No. 100-290. Additional views filed.
Source: Committee
26 February 1988
Reported
Committee on Judiciary. Original measure reported to Senate by Senator Byrd for Senator Biden. With written report No. 100-290. Additional views filed.
Source: Committee
26 February 1988
Introduced
Introduced in Senate
Source: IntroReferral
3 March 1988
Floor
Star Print ordered S. 2104.
Source: Floor
14 March 1988
Floor
Measure laid before Senate by unanimous consent.
Source: Floor
15 March 1988
Floor
Considered by Senate.
Source: Floor
15 March 1988
Vote
Passed/agreed to in Senate: Passed Senate with amendments and an amendment to the Title by Yea-Nay Vote. 88-4. Record Vote No: 50.
Source: Floor
21 March 1988
Introduced
Referred to House Committee on The Judiciary.
Source: IntroReferral
21 March 1988
Floor
Message on Senate action sent to the House.
Source: Floor
24 March 1988
Referred
Referred to Subcommittee on Immigration, Refugees, and International Law.
Source: Committee
25 March 1988
Committee
Executive Comment Requested from Justice, Labor, State.
Source: Committee
7 September 1988
Committee
Subcommittee Hearings Held.
Source: Committee
16 September 1988
Committee
Subcommittee Hearings Held.
Source: Committee
Votes
No vote records are attached yet.
Versions
No version snapshots stored. Document URLs remain at the source.
Documents
2 official files
Passed Senate amended
summary · EN · 15 March 1988
Introduced in Senate
summary · EN · 26 February 1988
Sponsors
- Sen. Biden, Joseph R., Jr. [D-DE] · D · Sponsor
- · hsju00 · Standing
- · ssju00 · Standing
Related records
- related to → Immigration Act of 1987
Sources
PoliticalRepo is an index and interpretation layer, not the authoritative legal source.
- Official source: https://www.congress.gov/bill/100th-congress/senate-bill/2104
- Open data entity: https://api.congress.gov/v3/bill/100/s/2104
- us · 100-s-2104 · source updated 10 August 2026