Ibrahim Gardner
International students seeking visas to enter the US may be subject to security clearance procedures, which can cause delays of several weeks or even months. While the specific criteria for security checks are classified, they may include the CONDOR clearance and the MANTIS clearance, which relates to sensitive technology. In rare cases, non-US citizens with unique skills may be granted Limited Access Authorization (LAA) at the Secret level or below, but this requires a Letter of Justification (LOJ) and proof of foreign citizenship. Ultimately, the decision to grant security clearance rests with the issuing agency.
| Characteristics | Values |
|---|---|
| Security Clearance for International Students | Security clearance may be required for international students seeking visas to enter the U.S. Delays of several weeks to months are possible. |
| Types of Clearance | CONDOR, MANTIS, Limited Access Authorization (LAA) |
| LAA Requirements | Unique or unusual skill, expertise urgently needed, specific need, current clearance holder unavailable |
| LAA Procedure | National Industrial Security Program Operating Manual (NISPOM) and Industrial Security Letter (ISL) |
| LAA Level | Secret or below |
| LAA Request Requirements | Letter of Justification (LOJ), passport, disclosure determination/export license, foreign security clearance certificate |
| LOJ Contents | Name, date and place of birth, position title, current citizenship |
| Additional Considerations | Common names may result in false hits and delays, especially for Latinx and Muslim individuals |
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What You'll Learn
Security clearances for non-US citizens
Security clearances are required for individuals seeking to access classified national security information, public trust positions, or low-risk/non-sensitive roles. While the specific processes and requirements for obtaining a security clearance may vary depending on the country and the nature of the position, I will outline the general procedures and considerations for non-US citizens seeking security clearances.
In the United States, security clearances are typically associated with government employment or access to sensitive information. For non-US citizens, obtaining a security clearance can be more challenging and may depend on the specific circumstances and requirements. One key factor is the nature of the position or information being sought. If the position requires access to classified information, the requirements and procedures may be more stringent.
In rare circumstances, non-US citizens may be granted Limited Access Authorization (LAA) if they possess unique skills or expertise that are urgently needed. The National Industrial Security Program Operating Manual (NISPOM) and Industrial Security Letter (ISL) outline the procedures for LAA, which is typically issued at the Secret level or below. To initiate the process, a Letter of Justification (LOJ) must be submitted, endorsed by the program executive officer or the official responsible for the contract. The LOJ must include specific information, such as the individual's name, date and place of birth, position title, and current citizenship status. Additionally, the applicant must provide proof of foreign citizenship, such as a passport, along with other relevant documents, such as a copy of the disclosure determination or export license, and a foreign security clearance certificate, if available.
It is important to note that even for US citizens, obtaining a security clearance can be a lengthy and rigorous process, and the requirements for non-US citizens may be even more demanding. The specific security checks and clearances that an individual may undergo can vary and include checks such as CONDOR and MANTIS clearances. The former is applied based on classified criteria, while the latter relates to "sensitive technology" and involves assessing the applicant's involvement in any of the 15 categories found on the Critical Fields List (CFL) of the Department of State's Technology Alert List (TAL).
International students and scholars applying for visas to enter the US should also be aware that they may be subjected to security clearances as part of the visa application process. These security checks can sometimes result in unexpected delays of several weeks or even months. Therefore, it is advisable for applicants to schedule their visa interviews early and inform their respective departments, faculties, or supervisors in advance.
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The difficulty of obtaining clearance
Obtaining security clearance as an international student comes with a unique set of challenges and difficulties. Firstly, there is the issue of additional security checks and clearances that are often required for non-immigrant visa processing. These security checks can cause unexpected delays of several weeks or even months in the visa application process. International students may be subjected to various security clearances, such as the CONDOR clearance, which is based on classified criteria, and the MANTIS clearance, which focuses on "sensitive technology" and involves a comprehensive list of fields and technologies.
Another challenge arises from the requirement of a Letter of Justification (LOJ) for non-US citizens seeking access to classified information. The LOJ must be endorsed by the program executive officer and include detailed personal information, such as the individual's name, date and place of birth, position title, and current citizenship status. Additionally, the process demands the submission of several documents, including proof of foreign citizenship, a copy of the disclosure determination or export license, and a foreign security clearance certificate, if available.
False hits in security clearance systems present a significant difficulty, especially for individuals with common Muslim or Latinx names. This results in delays and complications, even for those with clean records and no apparent security concerns. The broad scope of the Technology Alert List (TAL) within the MANTIS clearance also poses a challenge, as it covers a wide range of fields and technologies, potentially impacting research scientists, physicians, academics, and engineers.
Furthermore, the bar for obtaining clearance as a non-US citizen is set higher. Limited Access Authorization (LAA) for non-citizens is granted only in rare circumstances where they possess unique skills or expertise urgently needed, and even then, it is generally restricted to the Secret level or below. The process is described as even tougher than regular secret clearance for US citizens. Overall, the combination of stringent requirements, extensive documentation, potential delays, and higher standards underscores the difficulty of obtaining security clearance for international students.
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Security checks when applying for a visa
Security checks are a standard part of the visa application process. These security checks are conducted by the U.S. Citizenship and Immigration Services (USCIS) and involve collecting and submitting the applicant's biometrics, including fingerprints, to the Federal Bureau of Investigations (FBI) for a full criminal background check. The FBI then confirms one of the following: the applicant does not have a criminal record; the applicant has a criminal record; or the applicant's fingerprint records have been rejected and are deemed unclassifiable.
In addition to the criminal background check, the USCIS also conducts other inter-agency security checks. These security checks may include the CONDOR clearance, which is classified and unpredictable in nature, and the MANTIS clearance, which is a "sensitive technology" alert. The MANTIS clearance is based on the Critical Fields List (CFL) of the Department of State's (DOS) Technology Alert List (TAL). The TAL includes fields such as chemistry, biochemistry, immunology, chemical engineering, civil engineering, and pharmacology.
For non-U.S. citizens seeking access to classified information, a Limited Access Authorization (LAA) may be granted in rare cases where the individual possesses a unique skill or expertise that is urgently needed. To obtain an LAA, a Letter of Justification (LOJ) must be submitted, along with proof of foreign citizenship, a copy of the disclosure determination or export license, and a foreign security clearance certificate, if available.
It is important to note that security checks during the visa application process can cause unexpected delays of several weeks or even months. These delays may be due to false hits, which are more common for individuals with common Muslim or Latinx names. To avoid further delays, it is recommended to schedule the visa interview early in the trip and inform the relevant departments and supervisors in advance.
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The different types of security clearances
International students applying for a visa to enter the US may experience delays of several weeks or even months due to security clearance. This is because international students are increasingly being subjected to security clearances as part of the visa application process.
Security clearances are required for access to classified information. The US government provides security clearance only to federal employees and contractors whose job duties necessitate secure access. The different types of security clearances are as follows:
Confidential
This type of security clearance provides access to information that could damage national security if disclosed without authorization. It must be reinvestigated every 15 years.
Secret
This clearance is the same as confidential but must be reinvestigated every 10 years. Unauthorized disclosure of this type of information could reasonably be expected to cause serious damage to national security.
Top Secret
This clearance is similar to confidential but must be reinvestigated every five years. Unauthorized disclosure of this type of information could cause exceptionally grave damage to national security.
Top Secret, Sensitive Compartmented Information (SCI)
This is an access program that is "added on" to the clearance.
Q Clearance
This clearance allows access to classified information, including Top Secret data with the special designation: Restricted Data (TS//RD).
L Clearance
This clearance allows access to classified information up to the level of Secret data with the special designation: Formerly Restricted Data (S//FRD).
Unacknowledged Special Access Program (USAP)
USAP is made known only to authorized persons, including members of the appropriate committees of the US Congress.
Waived USAP
Waived USAP is a subset of USAP.
Alternative or Compensatory Control Measures (ACCM)
These are security measures used to safeguard classified intelligence or operations and support information when normal measures are insufficient to achieve strict need-to-know controls, and where Special Access Program (SAP) controls are not required.
Limited Access Authorization (LAA)
LAA may be granted in rare circumstances where a non-US citizen possesses a unique skill or expertise that is urgently needed. It may only be issued at the Secret level or below.
The above list is not exhaustive, and different government agencies may use different terminology and lettering for security clearances.
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The process of personnel vetting
Personnel vetting is the process used to assess individuals seeking to obtain security clearances to allow access to classified national security information or for those seeking public trust and low-risk/non-sensitive positions. The process aims to determine whether a person can be trusted to work for or on behalf of the government, occupy a sensitive position, or hold a credential granting access to government IT systems and/or facilities.
In the United States, the Department of State outlines the policies, processes, and tools used in personnel vetting. The process involves background investigations and preliminary checks, which may include security questionnaires, departmental or company records checks, criminal record checks, and credit and financial history checks. At the end of the vetting process, a trust determination is made for the candidate, assessing their suitability, fitness, national security, and credentialing.
In the United Kingdom, security vetting is conducted by the United Kingdom Security Vetting (UKSV) department within the Cabinet Office. The UK government uses four levels of personnel security controls, three of which are types of national security vetting clearance. The levels include Baseline Personnel Security Standard (BPSS), which is not a formal security clearance but underpins the national security vetting process. The BPSS includes rigorous checks such as criminal record checks and credit and financial history verification.
Other types of vetting in the UK include Developed Vetting and Enhanced Security Check, typically carried out by agencies like MI5, MI6, and the Government Communications Headquarters. The Vetting Transformation Programme is introducing a series of "Levels" and phasing out the current nomenclature.
While the specific processes may vary, the overall goal of personnel vetting is to ensure that individuals seeking security clearances are trustworthy and reliable, and do not pose a security risk to the nation.
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Frequently asked questions
It depends on the country and the specific circumstances. In the US, for example, non-US citizens may be granted Limited Access Authorization (LAA) in rare cases where they possess unique skills or expertise that are urgently needed. However, the bar is high, and the process is even tougher than regular secret clearance for US citizens.
The specific requirements vary depending on the country and the type of clearance being sought. In the US, for instance, a Letter of Justification (LOJ) must be submitted, along with proof of foreign citizenship, a copy of the disclosure determination or export license, and a foreign security clearance certificate (if available).
The timing can vary significantly. In the US, security clearances as part of the visa application process can sometimes cause delays of several weeks or even months. Therefore, it is advisable to schedule visa interviews early and inform relevant departments and supervisors in advance.
