[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR204.10]



[Page 126-127]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 204_IMMIGRANT PETITIONS--Table of Contents

 

Sec. 204.10  Petitions by, or for, certain scientists of the Commonwealth 

of Independent States or the Baltic states.



    (a) General. A petition to classify an alien under section 203(b)(2) 

of the Act as a scientist or engineer of the eligible independent states 

of the former Soviet Union or the Baltic states must be filed on Form I-

140, Immigrant Petition for Alien Worker. The petition may be filed by 

the alien, or anyone in the alien's behalf. USCIS must approve a 

petition filed on behalf of the alien on or before September 30, 2006, 

or until 950 petitions have been approved on behalf of eligible 

scientists, whichever is earliest.

    (b) Definitions. As used in this section the term:

    Baltic states mean the sovereign nations of Latvia, Lithuania, and 

Estonia.

    Eligible independent states and Baltic scientists means aliens:

    (1) Who are nationals of any of the independent states of the former 

Soviet Union or the Baltic states; and

    (2) Who are scientists or engineers who have expertise in nuclear, 

chemical, biological, or other high-technology field which is clearly 

applicable to the design, development, or production of ballistic 

missiles, nuclear, biological, chemical, or other high-technology 

weapons of mass destruction, or who are working on nuclear, chemical, 

biological, or other high-technology defense projects, as defined by the 

Secretary of Homeland Security, that are clearly applicable to the 

design, development, and production of ballistic missiles, nuclear, 

biological, chemical, or other high-technology weapons of mass 

destruction.

    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.

    (c) Filing requirements--(1) Application form and time limits. A 

petition to classify an alien under section 203(b)(2)(A) of the Act as a 

scientist from the eligible independent states of the former Soviet 

Union or the Baltic states must be filed on Form I-140, Immigrant 

Petition for Alien Worker. The petition may be filed by the alien, or by 

anyone on the alien's behalf. Such petition must be properly filed with 

all initial evidence described in paragraph (e) of this section by 

September 30, 2006 or before the limit of 950 visas has been reached, 

whichever is earliest. To clarify that the petition is for a Soviet 

scientist, the petitioner should clearly print the words ``SOVIET 

SCIENTIST'' in Part 2 of Form I-140 and check block ``d'', indicating 

the petition is for a member of the professions holding an advanced 

degree or an alien of exceptional ability.

    (2) Jurisdiction. Form I-140 must be filed with the service center 

having jurisdiction over the alien's place of intended residence in the 

United States.

    (d) Priority date. The priority date of any petition filed for this 

classification is the date the completed, signed petition (including all 

initial evidence as defined in paragraph (e) of this section and the 

correct fee) is properly filed with the USCIS.

    (e) Initial evidence. The petition must be accompanied by:

    (1) Evidence that the alien is a national of one of the independent 

states of the former Soviet Union or one of the Baltic States as defined 

in paragraph (b) of this section. Such evidence may include, but is not 

limited to, identifying page(s) from a passport issued by the former 

Soviet Union, or by one of the independent or Baltic states; and

    (2) A letter from the Department of State, Bureau of 

Nonproliferation that verifies that the alien possesses expertise in 

nuclear, chemical, biological, or other high-technology field or who has 

prior or current work experience in high-technology defense projects 

which are clearly applicable to the design, development, or production 

of ballistic missiles, nuclear, biological, chemical, or other high-

technology weapons of mass destruction and endorses the applicant as 

having exceptional ability in one or more of these fields. Such 

endorsement shall establish that the



[[Page 127]]



alien possesses exceptional ability in the relevant field.

    (f) No offer of employment required. Neither an offer of employment 

nor a labor certification is required for this classification.

    (g) Consultation with other United States Government agencies. USCIS 

may consult with other United States Government agencies, such as the 

Departments of Defense and Energy or other relevant agencies with 

expertise in nuclear, chemical, biological, or other high-technology 

defense projects. USCIS may, in its discretion, accept a favorable 

report from such agencies as evidence in addition to the documentation 

prescribed under paragraph (e) of this section.

    (h) Aliens previously granted permanent residence. No alien 

previously granted lawful permanent residence may request or be granted 

classification or any benefits under this provision.

    (i) Decision--(1) Approval. If the petition is approved and the 

beneficiary is outside the United States the applicant will be notified 

of the decision and the petition will be forwarded to the National Visa 

Center. If the beneficiary is in the United States and seeks to apply 

for adjustment of status, the petition will be retained by USCIS.

    (2) Denial. If the petition is denied, the petitioner will be 

advised of the decision and of the right to appeal in accordance with 8 

CFR part 103.

    (j) Rejection. Petitions filed under this provision on or after 

September 30, 2006 or after the limit of 950 visas has been reached will 

be rejected and the fee refunded.



[70 FR 21131, Apr. 25, 2005]