Sunset of Soviet Scientist Classification
Date: September 23, 1996
To: Regional Directors
District Directors
Director, Office of Administrative Appeals
Service Center Directors
Officers-in-Charge
From: Office of Benefits (HQBEN)
The Soviet Scientist Immigration Act of 1992 (SSIA) created an exception to the job offer requirement under section 203(b)(2) of the Immigration and Nationality Act for certain scientists and engineers from the former Soviet Union who seek to immigrate to the United States. Under section 4(a) of the SSIA, the Attorney General must designate eligible persons as having “exceptional ability” whether or not they possess advanced degrees. Section 4(d) of the SSIA provides that the Attorney General’s authority to designate persons under section 4(a) expires on October 24, 1996.
Under the regulations, an alien may not immigrate under the SSIA unless a petition filed on his or her behalf has been approved on or before October 24, 1996. See 8 CFR 204.10(a); 60 FR 54027-30 (Oct 19, 1995). Any SSIA petition which is pending with the Service on or after October 25, 1996, must be denied. Similarly, any SSIA petition received on or after October 25, 1996 must be denied. On the other hand, if an SSIA petition is approved on or before October 24, 1996, the beneficiary may apply for and be granted adjustment of status or an immigrant visa after October 24, 1996.
It should be noted that as of October 20, 1995, district offices and sub- offices were no longer permitted to accept SSIA petitions. See 60 FR 54027-30 (Oct. 19, 1995). As there may still remain pending SSIA petitions filed prior to that date, district and sub-offices must either approve or deny any such petition on or before October 24, 1996.
As in the case of any petition, the petitioner has the burden of establishing eligibility for SSIA Classification to the satisfaction of the service center director. As the service center’s ability to adjudicate SSIA petitions before October 24, 1996 will depend, in part, on the quality of the evidence submitted by the petitioner, INS offices should encourage any aliens who may be eligible under the SSIA to file a fully-documented petition as soon as possible to maintain eligibility under this Classification.
Offices are reminded that if an SSIA petition is approved, a copy of the first page of the Form I-140 must be faxed to HQBEN at 202/514-0198. If there are any questions regarding this instruction, please contact Michael Straus, HQBEN, at 202/514-5014.
Michael L. Aytes
Assistance Commissioner