Immigration and Nationality Act of 1965 (INA)
Public Law 89-236
October 3, 1965
79 Stat. 911
An Act
To amend the Immigration and Nationality Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1.
Section 2 of the Immigration and Nationality Act is amended by striking out “Asia-Pacific triangle” wherever it appears.
SEC. 2. Numerical limitations; replacement of national-origins system.
(a) Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended to read as follows:
“SEC. 201. (a) Aliens who are subject to the numerical limitations.
(1) Except as provided in subsection (b), the total number of immigrant visas made available to natives of any single foreign state or dependent area shall not exceed 20,000 in any fiscal year.(b) Aliens not subject to the numerical limitations.
The numerical limitations shall not apply to:
– spouses and unmarried sons and daughters of U.S. citizens,
– parents of U.S. citizens over 21,
– certain special immigrants,
– returning residents.”
(b) Section 202 of the INA (8 U.S.C. 1152) is amended to provide for uniform per-country limits and to eliminate the prior national-origins quota formula.
(c) Section 203 of the INA (8 U.S.C. 1153) is amended to establish a seven-category preference system, including:
Unmarried adult sons and daughters of U.S. citizens
Spouses and unmarried sons and daughters of permanent residents
Professionals, scientists, and artists of exceptional ability
Married children of U.S. citizens
Siblings of U.S. citizens
Skilled and unskilled workers
Refugees from countries under communist domination or the Middle East
SEC. 3. Elimination of the national-origins system.
All provisions of law relating to the national-origins quota system are repealed.
SEC. 4. Repeal of discriminatory restrictions on Asian immigration.
(a) All remaining restrictions specific to immigration from Asia or the Pacific Triangle are removed.
(b) Section 202(b) of the INA is amended to ensure that visas are issued without discrimination based on race, sex, nationality, place of birth, or place of residence.
SEC. 5. Conforming amendments.
Various technical amendments are made throughout the INA to replace references to obsolete quota categories, including amendments to:
– Sections 101, 103, 204, 205, 212, 221, 231, and 241 of the INA.
SEC. 6. Special immigrants.
Section 101(a)(27) of the INA (8 U.S.C. 1101(a)(27)) is amended to expand the categories of “special immigrants” eligible for non-quota visas.
SEC. 7. Coordination with Western Hemisphere immigration.
Beginning July 1, 1968, an annual ceiling of 120,000 immigrant visas is established for the Western Hemisphere, replacing the prior unrestricted system.
SEC. 8. Effective dates.
(a) Except as otherwise provided, the Act takes effect July 1, 1968.
(b) Amendments relating to Asian countries take immediate effect.
SEC. 9. Savings clause.
Nothing in this Act shall be construed to affect the validity of visas issued prior to the effective date, or the lawful status of individuals admitted under prior law.