Volume 106 · 3316
Public Law 102–509
To authorize the admission to the United States of certain scientists of the independent states of the former Soviet Union and the Baltic states as employment-based immigrants under the Immigration and Nationality Act.
Approved October 24, 1992
Statutory text
An Act
To authorize the admission to the United States of certain scientists of the independent states of the former Soviet Union and the Baltic states as employment-based immigrants under the Immigration and Nationality Act.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Soviet Scientists Immigration Act of 1992”.
SEC. 2. DEFINITIONS.
For purposes of this Act—
the term “Baltic states” means the sovereign nations of Latvia, Lithuania, and Estonia;
the term “independent states of the former Soviet Union” means the sovereign nations of Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan; and
the term “eligible independent states and Baltic scientists” means aliens—
who are nationals of any of the independent states of the former Soviet Union or the Baltic states; and
who are scientists or engineers who have expertise in nuclear, chemical, biological or other high technology fields or who are working on nuclear, chemical, biological or other high-technology defense projects, as defined by the Attorney General.
SEC. 3. WAIVER OF JOB OFFER REQUIREMENT.
The requirement in section 203(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)(A)) that an alien’s services in the sciences, arts, or business be sought by an employer in the United States shall not apply to any eligible independent states or Baltic scientist who is applying for admission to the United States for permanent residence in accordance with that section.
SEC. 4. CLASSIFICATION OF INDEPENDENT STATES SCIENTISTS AS HAVING EXCEPTIONAL ABILITY.
In General.—
The Attorney General shall designate a class of eligible independent states and Baltic scientists, based on their level of expertise, as aliens who possess “exceptional ability in the sciences”, for purposes of section 203(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)(A)), whether or not such scientists possess advanced degrees.
Regulations.—
The Attorney General shall prescribe regulations to carry out subsection (a).
Limitation.—
Not more than 750 eligible independent states and Baltic scientists (excluding spouses and children if accompanying or following to join) within the class designated under subsection (a) may be allotted visas under section 203(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)(A)).
Termination.—
The authority of subsection (a) shall terminate 4 years after the date of enactment of this Act.
Approved October 24, 1992.