Savanna Hoffman
International students seeking employment in certain fields may require government clearance, particularly in STEM subjects. Generally, non-US citizens are not eligible for security clearance, according to Executive Order 12968, which stipulates that only US citizens can access classified information. However, there are exceptions, such as the Limited Access Authorization (LAA), which may be granted if the individual possesses unique skills or expertise that are urgently needed. International students applying for visas may also undergo administrative processing, which includes security clearance, especially if they are from countries on the Technology Alert List (TAL) or have special skills in STEM fields.
Characteristics and values
| Characteristics | Values |
|---|---|
| Who needs to apply for government clearance? | International students and scholars from certain countries and/or fields (usually STEM) who are applying for a visa. |
| What is the purpose of the clearance? | To undergo administrative processing as a security measure. |
| How long does it take? | Security clearances could take from 4 weeks to 4 months or more to complete. |
| What is the process? | The U.S. Embassy/Consulate may request a security clearance prior to issuing an initial or extension of a visa. |
| What documents are required? | Official transcripts from previous studies, passport, proof of citizenship, and a statement of purpose. |
| What are the potential issues? | False hits for individuals with common names or those from certain countries, delays of several weeks or months, and additional security checks. |
| Are there any alternatives? | Limited Access Authorization (LAA) may be granted in rare cases where a non-U.S. citizen possesses unique skills or expertise urgently needed, but this is a tough process. |
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What You'll Learn
- International students applying for a US visa may need security clearance
- Security clearance could take up to four months to complete
- Students in STEM fields are more likely to undergo administrative processing
- Students with common Muslim or Latinx names may face delays in clearance
- Limited Access Authorization (LAA) is granted for unique skills
International students applying for a US visa may need security clearance
International students applying for a US visa may need to undergo security clearance, which can cause delays of several weeks or even months. This process is more likely to be applied to international students and scholars from certain countries and/or fields, particularly those in STEM. Most STEM fields are listed in the government's Technology Alert List (TAL), and individuals with special skills in these areas are more likely to undergo administrative processing. The same is true for applicants from countries on the list of state sponsors of terrorism or those with membership or affiliation with designated "foreign terrorist organizations".
There are three kinds of security checks that can affect nonimmigrant visa processing. The first is the MANTIS clearance, which is a “sensitive technology” alert based on whether an applicant is involved in any of the 15 categories found on the Critical Fields List (CFL) of the Department of State's Technology Alert List (TAL). The TAL includes an expanded list of technologies with potential “dual-use” applications, which could have potential military applications. This includes fields such as chemistry, biochemistry, immunology, chemical engineering, civil engineering, and pharmacology.
The second type of security check is the NCIC clearance, which can take four to six weeks to process. This clearance has resulted in a large number of false hits and delays for people with common Latinx names, as well as for those with common Muslim or Latinx names.
The third type of security check is the Limited Access Authorization (LAA), which may be granted in rare circumstances where a non-US citizen possesses a unique or unusual skill or expertise that is urgently needed. The request for non-US citizens to obtain access to classified information must include a Letter of Justification (LOJ) and must be endorsed by the program executive officer or the official responsible for the contract. The LOJ must contain the individual's name, date and place of birth, position title, current citizenship, the reason for not employing a cleared or clearable US citizen, and a statement of the unusual expertise.
It is important to note that security clearance requirements may vary depending on the specific visa type and the country of origin of the international student. It is always advisable for international students to consult with their respective embassies or consulates for the most accurate and up-to-date information regarding visa requirements and security clearances. Additionally, having the necessary documents ready, such as official transcripts and proof of enrolment, can help streamline the visa application process.
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Security clearance could take up to four months to complete
International students seeking visas to enter the US may be subject to security clearance procedures that can take up to four months or longer to complete. Security clearances are typically required for individuals working in sensitive fields related to US security, such as chemistry, biological sciences, and physics. However, the scope of these clearances can sometimes extend beyond these areas.
The duration of the security clearance process can vary, ranging from four weeks to over four months. The time taken depends on various factors, including the specific type of clearance being sought and the individual's background. For example, the CONDOR clearance is a security check with classified criteria, making it challenging to anticipate who will be subject to this process. On the other hand, the MANTIS clearance is a "sensitive technology" alert based on the applicant's involvement in any of the 15 categories on the Critical Fields List (CFL) of the Department of State's Technology Alert List (TAL). This list includes fields such as chemistry, biochemistry, immunology, chemical engineering, and civil engineering.
It is important to note that non-US citizens generally cannot obtain a security clearance, as per Executive Order 12968, which stipulates that access to classified information is restricted to US citizens. However, there may be rare exceptions where a non-US citizen possesses unique skills or expertise urgently needed. In such cases, a Limited Access Authorization (LAA) may be granted, but it is only issued at the Secret level or below, and the government must prove that a current clearance holder is not available.
International students on an F1 visa are typically not eligible for TS/SCI clearance, which is required for sensitive federal jobs. However, background checks are standard for most employment opportunities, and an F1/OPT status does not prevent individuals from obtaining jobs that require these checks. Nevertheless, students seeking visas should be prepared for potential delays and schedule their visa interviews early, as security clearances can take a significant amount of time to process.
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Students in STEM fields are more likely to undergo administrative processing
International students seeking visas to enter the US may be subject to security clearances, which can cause delays of several weeks or even months. Administrative Processing may be applied randomly to international students from certain countries and/or fields, particularly those in STEM (science, technology, engineering, and mathematics). Most STEM fields are listed in the US government's Technology Alert List (TAL). Individuals with special skills in these areas are more likely to undergo administrative processing.
The US government has acknowledged that individuals with certain skills, particularly in STEM, may pose a security concern. This is due to the sensitive nature of the knowledge and skills acquired through STEM degrees. The US government has not disclosed the exact criteria that trigger security clearances for international students, but it is likely that a combination of factors, including field of study, country of origin, and other security indicators, are considered.
Students in STEM fields often have access to cutting-edge technologies, sensitive data, and innovative research. Their expertise and knowledge can be utilised for various purposes, including those that may be deemed a security threat. For example, a student with advanced knowledge of computer science and programming may be viewed as a potential cyber threat, or a student with a background in chemical engineering may raise concerns about the development of biological weapons.
Additionally, certain STEM fields have direct applications in military technology, national defence, or emerging technologies with potential dual-use capabilities. For instance, a student studying robotics and artificial intelligence may have knowledge that could be applied to autonomous weapons systems, while a student specialising in nuclear engineering may have expertise that intersects with nuclear weapons development. International students in these fields may be seen as potentially contributing to their home country's military advancements, which could be a cause for security concerns.
To mitigate potential security risks, the US government conducts security clearances to assess the intentions and backgrounds of international students, particularly those in STEM fields. This process involves reviewing the student's application, conducting interviews, and evaluating any potential risks associated with granting a visa. While security clearances can cause significant delays and inconveniences for international students, the US government prioritises national security and aims to ensure that individuals entering the country do not pose a threat to its safety.
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Students with common Muslim or Latinx names may face delays in clearance
International students can apply for government clearance in the form of a visa. The U.S. Embassy/Consulate may request a security clearance for anyone applying for an initial or extended visa. This process can take anywhere from 4 weeks to 4 months or more. Certain international students and scholars from specific countries and/or fields may be subject to additional administrative processing. This includes individuals with special skills in STEM fields (Science, Technology, Engineering, Mathematics, etc.) from any country, who are more likely to undergo administrative processing. Applicants from countries on the list of state sponsors of terrorism and those with membership or affiliation with certain "foreign terrorist organizations" will also receive special consular review.
While the Common Application for college admissions does not explicitly ask about an applicant's name, it does include a section on race and ethnicity. Applicants are first asked if they are Hispanic/Latino, followed by questions about their racial background. Hispanic/Latino individuals, who may often have Muslim or Latinx names, are given various options for answering these questions. They can select one of the races they identify with (African, European, or Native American), put all three, or none at all. This section is completely optional, and applicants can choose to leave the question about race blank and discuss their racial identity in other parts of their application.
However, it is important to note that the Supreme Court's decision to end affirmative action in college admissions has impacted the consideration of race and ethnicity in the admissions process. With the end of affirmative action, colleges are no longer allowed to give admissions boosts to applicants based on their racial background, and all races must be held to the same standards for admission. As a result, the delay in clearance for students with common Muslim or Latinx names may not be directly related to their names but could be influenced by other factors considered in the admissions process.
While the name itself may not cause delays in clearance, it is worth mentioning that an applicant's name can indirectly impact their application. An applicant's name, along with their parents' names or the schools they attended, can often reveal their racial or ethnic background, even if they choose not to specify it explicitly. In conclusion, while the Common Application has an optional race and ethnicity section, applicants with common Muslim or Latinx names may still experience delays in clearance due to other factors considered in the admissions process, such as their field of study, country of origin, or special skills.
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Limited Access Authorization (LAA) is granted for unique skills
Generally, only US citizens are eligible for security clearances. However, in rare circumstances, non-US citizens with unique or unusual skills can be granted Limited Access Authorization (LAA). This is not the same as being granted a security clearance. Instead, LAA allows non-US citizens to access classified information in specific situations.
For example, an international student with a unique skill set in high demand may be granted LAA if their expertise is urgently needed for a specific government contract. The need for their skills must be clearly identified, and the government must prove that a current clearance holder with the same skillset is unavailable. The approval process requires multi-agency coordination and includes a background check.
To initiate the process, a defense contractor must request that a non-US citizen be granted access to classified information. The government customer must then justify this need with a specific rationale, and the State Department must be informed. Finally, Defense Security Services (DSS) approves a Letter of Justification (LOJ), which includes the individual's name, date and place of birth, position title, and current citizenship, along with proof of foreign citizenship.
Once the LAA is in place, the non-US citizen can access classified information specific to the contract and based on their need to know. It is important to note that access is limited to information at the Secret level or below, and any access beyond what is specified should be reported as a security breach.
While it may be challenging, it is possible for international students with unique skills to obtain LAA and work with classified information for the US government.
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Frequently asked questions
Non-US citizens typically cannot obtain security clearance to access classified information. However, exceptions may be made in rare circumstances where the individual possesses a unique skill or expertise that is urgently needed.
There are two types of security clearances that international students may encounter when applying for a US visa: CONDOR and MANTIS.
Several factors may increase the likelihood of being selected for security clearance. These include having a common name, possessing special skills in STEM fields, or being from a country on the list of state sponsors of terrorism.
The security clearance process can vary in duration, typically ranging from four weeks to several months.
The specific documents required for security clearance may vary, but typically include a Letter of Justification (LOJ), proof of foreign citizenship (such as a passport), and a foreign security clearance certificate, if available.
