International Students: Can They Get Secret Security Clearance?

International students often seek employment in their host countries, and some positions may require security clearance. Security clearance for non-citizens is a complex issue, and while it is not entirely impossible, it is challenging and rare. The level of clearance and the likelihood of obtaining it depend on various factors, including the specific requirements of the position, the citizenship of the applicant, and the policies of the host country.

Obtaining a security clearance as an international student is very unlikely

To obtain a security clearance as a non-US citizen, a Letter of Justification (LOJ) is required, which must include the individual's name, date and place of birth, position title, and current citizenship, among other details. This must be endorsed by the program executive officer or the official responsible for the contract. In addition, the individual must provide proof of foreign citizenship, such as a passport, and may also need to submit a copy of their disclosure determination, export license, and foreign security clearance certificate if available.

Even with the required documentation, obtaining a top-secret clearance as a non-US citizen is highly improbable. While a source suggests that enhanced reliability clearance is attainable for international students, another source states that non-citizens rarely get jobs requiring security clearance beyond the Reliability Status (RS) level.

International students applying for visas to enter the US may also experience delays of several weeks or even months due to security clearance procedures. These additional security checks can affect non-immigrant visa processing and cause unexpected delays, especially for individuals with common Muslim or Latinx names. Therefore, while it may be possible for international students to obtain certain levels of security clearance, it is not a common or straightforward process.

A non-US citizen may be granted Limited Access Authorisation (LAA) in rare circumstances

International students in the USA who are non-US citizens may be granted Limited Access Authorisation (LAA) in rare circumstances. LAA is a type of security clearance granted to non-US citizens and immigrant aliens, which allows access to confidential or secret information. This access is limited to only the information necessary for their assigned duties and is based on a 10-year background investigation.

LAA may be granted when a non-US citizen possesses a unique or unusual skill or expertise that is urgently needed. The need must be specific, and the government must prove that a current clearance holder is not available. The National Industrial Security Program Operating Manual (NISPOM) and Industrial Security Letter (ISL) outline the procedures for LAA, which can only be issued at the Secret level or below.

To request access to classified information for non-US citizens, a Letter of Justification (LOJ) must be included and endorsed by the program executive officer or official responsible for the contract. The LOJ must contain the individual's name, date and place of birth, position title, and current citizenship, along with proof of foreign citizenship (e.g. passport), a copy of the disclosure determination or export license, and a foreign security clearance certificate (if available).

While it is possible for non-US citizens to obtain LAA in rare circumstances, it is important to note that some sources suggest that non-citizens may face challenges in obtaining certain types of security clearances. For example, one source mentions that "non-citizens never get those jobs" and that the highest level of clearance they can achieve is Reliability Status (RS). Another source indicates that while "Top Secret" clearance is "100% impossible" for international students, "Secret" clearance is "very unlikely", and "Enhanced Reliability" clearance is achievable.

A Letter of Justification (LOJ) is required for non-US citizens to obtain access to classified information

While it is possible for non-US citizens to work with technical information after approval from the Departments of Commerce or State, they are not authorized to possess US security clearances. However, in rare circumstances, non-US citizens can access classified information. This is not the same as being granted a security clearance.

• The individual's full name
• Date and place of birth
• Position title
• Current citizenship
• The reason for not employing a cleared or clearable US citizen
• A statement of the unusual expertise possessed by the applicant
• A statement that access will be limited to a specific government contract, with the contract number specified
• A list of the specific material to which access is proposed
• A statement that the classified information to be accessed is approved for release to the person's country of citizenship

The LOJ must be sent to the Defense Security Services (DSS) along with proof of foreign citizenship (e.g., a passport), a copy of the disclosure determination or export license, and a foreign security clearance certificate (if available).

Once the LOJ is approved by the DSS, a background investigation is initiated. After this, a Limited Access Authorization (LAA) may be granted, allowing the non-US citizen to access classified information specific to the contract and based on their need to know. It is important to note that the LAA is only issued at the Secret level or below, and access is limited to the specified information in the LOJ.

International students are often subjected to security clearances as part of the visa application process

The specific security checks and requirements can vary, but they typically involve an extensive background investigation, including criminal and financial record checks. For instance, the United States Department of State conducts security clearance investigations, and they have outlined procedures for granting Limited Access Authorization (LAA) to non-US citizens in rare circumstances. This typically occurs when a non-US citizen possesses unique skills or expertise urgently needed, and specific procedures are outlined in the National Industrial Security Program Operating Manual (NISPOM) and Industrial Security Letter (ISL).

Additionally, the Defense Counterintelligence and Security Agency (DCSA) requires a Letter of Justification (LOJ) for non-US citizens seeking access to classified information. The LOJ must include the individual's name, date and place of birth, position title, and current citizenship, along with proof of foreign citizenship, such as a passport. While enhanced reliability clearance is attainable for international students, secret clearance is challenging to obtain, and top-secret clearance is nearly impossible without US citizenship.

The process of obtaining security clearance can be challenging, and it is recommended that individuals contact their employer or the relevant government department to ensure they are eligible for the clearance level required by their specific situation. Overall, while security clearances are often necessary for international students, the process can be lengthy and may require additional documentation and justifications.

False hits are common for those with common Muslim or Latinx names

Obtaining a security clearance as an international student is a challenging endeavour, with varying levels of clearance presenting different degrees of difficulty. While "Top Secret" clearance is likely out of reach, "Secret" clearance is possible, albeit rarely granted, and "Enhanced Reliability" clearance is achievable. The process is further complicated by the increased prevalence of false hits during security checks for individuals with common Muslim or Latinx names.

The challenges faced by those with common Muslim or Latinx names during security clearance processes are significant. Due to the high frequency of these names, false hits are becoming increasingly common, causing delays and complications for unsuspecting visa applicants. The NCIC Criminal Clearance system, for example, has approximately seven million names, with about half belonging to individuals of Latinx origin. This results in a high probability of false hits for people with common Latinx names, even if they have a clean immigration record and no significant violations.

The impact of false hits extends beyond visa applications and can affect various aspects of life, including employment and housing. Individuals with names like Mohammad, Kim, or Smith are more likely to experience false hits, leading to potential discrimination and obstacles in their daily lives. This issue has been recognised by organisations like the Berkeley International Office, which has observed an increasing number of international students and scholars undergoing security clearances as part of their visa application process in the United States.

To mitigate the challenges posed by false hits, it is essential to have a comprehensive understanding of the security clearance process and the specific requirements for international students. In some cases, Limited Access Authorisation (LAA) may be granted to non-U.S. citizens with unique skills or expertise urgently needed by the government. However, this requires a rigorous procedure, including a Letter of Justification (LOJ) and endorsement by the program executive officer or the responsible contract official.

While the situation presents obstacles, being proactive and well-informed can improve the chances of obtaining security clearance. International students should be aware of the potential for false hits during security checks and be prepared to provide the necessary documentation and proof of identity. Consulting with experts in the field or individuals who have successfully navigated similar processes can also provide valuable insights and increase the likelihood of a positive outcome.

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