International Students: Government Clearance Application Options

International students often face unique challenges when seeking employment, and one area that can be particularly challenging is obtaining government clearance for certain types of jobs. While specific requirements can vary by country, international students may encounter additional hurdles due to their non-citizen status. In some cases, government jobs or positions requiring access to sensitive information may be restricted to citizens only. However, there might be exceptions or alternative routes for international students to obtain clearance, especially if they possess specialised skills or expertise. Understanding the specific requirements and restrictions is essential for international students seeking opportunities in fields that require government clearance.

Can an international student apply for government clearance?

Security clearances for non-US citizens

Generally, non-US citizens cannot obtain a security clearance. Executive Order 12968, Access to Classified Information, states that only US citizens are eligible to access classified information. However, there are exceptions for non-citizens with unique skills or expertise that are urgently needed. This is known as Limited Access Authorisation (LAA) and can only be issued at the Secret level or below.

To obtain LAA, a Letter of Justification (LOJ) must be submitted, endorsed by the program executive officer or contract official. The LOJ must include the individual's name, date and place of birth, position title, and current citizenship. It must also state why a US citizen cannot be employed for the role and specify the exact need for the non-citizen's skills. In addition to the LOJ, proof of foreign citizenship, a copy of the disclosure determination or export license, and a foreign security clearance certificate (if available) must be provided.

The National Industrial Security Program Operating Manual (NISPOM) and Industrial Security Letter (ISL) outline the procedures for LAA. The Defense Counterintelligence and Security Agency's guidelines specify that the LOJ must also contain a statement that access will be limited to a specific government contract and a list of the specific material to which access is proposed. Furthermore, it must be confirmed that the classified information is approved for release to the person's country of citizenship.

While it appears that non-US citizens with specialised skills may be able to obtain security clearance in certain circumstances, it is important to note that some sources indicate that non-citizens are unlikely to obtain such clearance. This suggests that even with the required skills, obtaining security clearance as a non-US citizen may be challenging.

Background checks for international students

International students seeking employment or visas in certain countries may be required to undergo background checks and security clearances. These processes can vary depending on the country and the specific situation, but generally involve assessing an individual's criminal record, credit history, and potential security risks. Here is some information on background checks and security clearances for international students in different contexts:

Background Checks for Employment:

In some countries, certain jobs may require a background check as part of the hiring process. This is particularly true for positions that involve handling sensitive information or working in secure environments. International students seeking employment in such fields should be prepared to undergo a background check, which may include a criminal record check and verification of their immigration status. It is important to note that the eligibility for specific roles may be restricted to citizens of that country.

Security Clearances for Visas:

When applying for a visa, particularly in countries with stringent security measures, international students may be subject to security clearances. These processes can vary in duration, ranging from a few weeks to several months. The specific security checks may include CONDOR, MANTIS, and NCIC clearances, each serving a different purpose. For instance, the CONDOR clearance is classified, while the MANTIS clearance pertains to "sensitive technology" and involves assessing an applicant's involvement in critical fields like STEM.

Country-Specific Requirements:

The requirements and procedures for background checks and security clearances differ across countries. For instance, in the United States, non-U.S. citizens are generally ineligible for security clearances, as stipulated by Executive Order 12968. However, exceptions may be made in rare circumstances, such as when a non-citizen possesses unique skills urgently needed, through a process called Limited Access Authorization (LAA). Similar provisions may exist in other countries, and international students should refer to the relevant government sources for accurate and up-to-date information.

In summary, international students may encounter background checks and security clearances when seeking employment or visas in certain countries. These processes can be time-consuming and thorough, often involving multiple stages of verification. It is important for students to be aware of the potential requirements and prepare accordingly, ensuring they meet the necessary criteria and allowing for potential delays in their plans.

Visa application security clearances

International students applying for a visa to enter the US may be subject to security clearances, which can cause delays of several weeks or even months. All visa applicants are screened before a visa can be issued, regardless of nationality. This is considered a matter of national security. The visa interview is a critical stage of the process, where applicants should provide clear and concise information about their intended activities in the US.

There are several types of security clearances that an international student may encounter during the visa application process. One is the CONDOR clearance, the criteria for which are classified and therefore difficult to anticipate. Another is the NCIC clearance, which can take four to six weeks to process and has been known to flag individuals with common Latinx and Muslim names. Additionally, students involved in certain fields, such as chemistry, biochemistry, civil engineering, and pharmacology, may be subject to the MANTIS clearance due to the "dual-use" nature of their field.

The Department of State (DOS) is responsible for initiating the process of requesting clearances from various government agencies and databases, including the FBI, CIA, Drug Enforcement Agency, and Interpol, among others. The DOS also conducts personnel vetting to assess individuals seeking security clearances to access classified national security information or those seeking public trust and low-risk/non-sensitive positions. This vetting process involves determining an individual's suitability, fitness, national security eligibility, and credentialing.

It is important to note that security clearances are not solely for visa applications. They are also relevant for individuals seeking employment or contractual work with the federal government, particularly in sensitive positions. In rare circumstances, non-US citizens with unique or unusual skills may be granted Limited Access Authorization (LAA), but this requires a comprehensive justification and endorsement process.

To avoid delays in the visa application process, international students should be prepared for potential security clearances and schedule their visa interviews early in their trip. They should also ensure they have all the necessary documentation, including proof of their stated objectives, financial resources, and intention to return to their home country upon completion of their stated activity.

Types of security clearances

Security clearances are a status granted to individuals to allow them access to classified information or restricted areas. They are granted after a thorough background check. The US government provides security clearances to federal employees and contractors whose job duties require secure access.

There are four main types of security clearances for national security positions: confidential, secret, top secret, and sensitive compartmented information. Confidential security clearance provides access to information that could damage national security if disclosed without authorisation. It must be reinvestigated every 15 years. Secret clearance is similar but must be reinvestigated every 10 years. Top Secret clearance is the same but must be reinvestigated every five years. Top Secret, Sensitive Compartmented Information (SCI) is an access program that gets "added on" to the clearance.

Other types of security clearances include:

• Baseline Personnel Security Standard (BPSS) - the entry-level National Security Clearance.
• Counter-Terrorist Check (CTC) - an enhancement to BPSS, relating to checking for susceptibility to extremist persuasion.
• Enhanced Baseline Standard (EBS) - an enhancement to BPSS, relating to checking for susceptibility to espionage persuasion. This is required for supervised access to secret material.
• Vulnerable Group Access - operated by the Disclosure and Barring Service (DBS), replacing former Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA) checks.
• Law Enforcement - with a hierarchy of Police Personnel Vetting (PPV) and Non-Police Personnel Vetting (NPPV) levels.

Government jobs for international students

International students in the US can work in certain government jobs, but their opportunities are limited. Non-US citizens cannot obtain a security clearance, which is typically required for federal government employees and contractors. However, there may be exceptions in rare circumstances where a non-US citizen possesses a unique or in-demand skill.

For international students with an F-1 visa, on-campus employment is an option as long as it does not displace a US citizen or lawful permanent resident. This includes work for an on-campus commercial business, such as a bookstore or cafeteria, or for a company that contracts with the school to provide services directly to students, such as a food service company operating on school facilities. An F-1 student may work up to 20 hours per week during the school term and full-time when school is not in session or during annual breaks.

International students can also seek internships, which usually count as Optional Practical Training (OPT) time. During OPT, F-1 students are permitted to work for twelve months per educational level without needing to acquire an H-1B work visa. A 17-month extension is available for graduates from a government-designated STEM (science, technology, engineering, and mathematics) field.

It is not uncommon for international students to receive job offers from American companies after completing an internship with them, so internships can be a great opportunity to seek employment. Additionally, resources like the Becker Career Center at Union College provide worldwide job openings, internship listings, and country-specific career information to help international students navigate employment in the US.

Frequently asked questions