Soviet Scientists Seeking GC Await Regulations
Posted Aug 01, 2003

The Security Assistance Act of 2002 revived the Soviet Scientists Immigration Act of 1992 to provide permanent resident status to scientists from certain countries formerly belonging to the Soviet Union. The list is provided below. The new act allows qualified candidates to apply for, and obtain, "green card" status from September 30, 2002 until September 29, 2006. The category is now open for up to 950 scientists. As before, the scientists are permitted to seek green cards for their spouses and unmarried children under 21 years of age, without affecting the numerical limitation for employment or family-based quotas available under the present immigration regime. However, a person who has previously obtained lawful permanent resident status under this program is not permitted to adjust status under this law.

The Soviet Scientists Immigration Act of 1992, the predecessor to the present law, permitted up to 750 scientists from Latvia, Lithuania, Estonia, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan, who possess 'exceptional ability in the sciences,' to obtain a green card if the application was filed and processed between October 24, 1992 and October 23, 1996. Though placed in the EB2 category for green card applicants, these individuals were not required to have job offers in the U.S. nor possess advanced degrees.

Currently, there are no implementing regulations for this law. It is likely, however, that regulations or guidance on the prior law may be helpful for those who intend to file under this new law. Indications from BCIS personnel are that issuance of regulations or policy guidance on this law can be expected in the near future. Meanwhile, this means that a person who is seeking to obtain a green card under this provision has little guidance on how to do so. We urge the BCIS to implement these regulations soon so that we may benefit from the contributions these talented scientists can bring to the U.S. and, in so doing, ensure that nations supporting or sponsoring terrorism will not be able to lure them, instead.