Security Clearance: International Students' Access

International students often face challenges when seeking jobs that require security clearance. While specific requirements can vary by country and field of study, the ability to obtain security clearance as a non-citizen is generally restricted. In the United States, for instance, Executive Order 12968 stipulates that access to classified information is exclusively granted to US citizens, with limited exceptions. Similarly, in a discussion on Reddit, users expressed doubt that international students could obtain security clearance for certain jobs, suggesting that non-citizens may not be eligible for positions requiring clearance. However, some countries may have provisions for exceptional cases, such as individuals with unique skills or expertise, as indicated in the US's Limited Access Authorization (LAA). International students seeking security clearance should research the specific regulations and procedures applicable to their host country and situation.

Non-US citizens and security clearance

Generally, non-US citizens cannot obtain security clearance. Executive Order 12968, Access to Classified Information, states that only US citizens are eligible to access classified information. However, there may be exceptions in specific situations. A non-US citizen with a unique skill set or expertise that is urgently needed may be granted Limited Access Authorisation (LAA) in rare circumstances. 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 a non-US citizen, a Letter of Justification (LOJ) must be sent to the DSS, along with proof of foreign citizenship (passport), a copy of the disclosure determination or export license, and a foreign security clearance certificate (if available). The LOJ must be endorsed by the program executive officer or official responsible for the contract. The need for the non-US citizen's skills or expertise must be specific, and the government must prove that a current clearance holder is not available.

International students on F1 visas are generally not eligible for security clearance. However, the issuing agency makes the final decision, and there may be exceptions in certain situations. For example, international students in certain fields, usually STEM, may be subject to Administrative Processing when applying for a visa, which may include security clearance. This can cause delays in obtaining the visa, ranging from 4 weeks to 4 months or more.

It is important to note that the requirements and procedures for security clearance may vary depending on the specific situation and the issuing agency. It is always best to contact the employer or relevant authorities to confirm eligibility and ensure all necessary steps are taken.

Administrative Processing for international students

International students and scholars seeking US visas may face visa delays and security clearance checks for many reasons. "Administrative processing" is generally associated with the Department of State making a determination that a security clearance is required before a visa can be issued. The security clearance process could take from 4 weeks to 4 months or more to complete.

When a student or scholar applies for a visa, the consular officer must decide whether an additional security check is warranted. If the officer has reasons to think that the applicant’s case fits one of the security check reasons or is unsure about whether the research area fits into one of the sensitive categories, they may decide to send the visa application to Washington, DC, for review. The visa applicant is then given a notice from the consulate, stating that their visa application "has been refused under Section 221(g) of the Immigration and Nationality Act of 1952." This is not a final visa denial but a delay in visa issuance, pending a security clearance process.

The security clearance process is typically initiated when the consular post asks the Department of State in Washington, DC, to request clearances from various government agencies and databases, including the FBI, CIA, Drug Enforcement Agency, Department of Commerce, Office of Foreign Asset Control, Interpol, the national criminal and law enforcement databases, and the DOS Bureau of Non-Proliferation, among others. The Bureau of Non-Proliferation is concerned with technology transfer and other issues.

Students and scholars involved in "sensitive/critical fields" must be honest about the nature of their research. They should answer only those questions asked by the US consulate, as the consular officer knows precisely what information they need for the visa review. Students and scholars who study "sensitive" areas and are from one of the "nonproliferation export control countries" (China, India, Israel, Pakistan, and Russia) in particular may consider delaying or postponing any discretionary international travel when a new visa is required.

Visa delays due to security clearance

International students and scholars seeking US visas may face delays due to security clearance checks. The US Department of State considers the vetting of visa applicants to be a matter of national security. The security clearance process can range from four to six weeks to a few months or longer in some cases.

The security clearance process involves referring visa application information to several security and government agencies for background checks. These agencies include the FBI, CIA, Drug Enforcement Agency, Department of Commerce, Office of Foreign Asset Control, Interpol, the national criminal and law enforcement databases, and the DOS Bureau of Non-proliferation, among others. The background checks usually take two to eight weeks, but the actual processing time can vary and is unpredictable.

During the visa interview, clear and concise information about the applicant's teaching, research, or other activities should be provided. An employment letter explaining these details can be submitted along with the other visa application materials. Students and scholars involved in "sensitive/critical fields" must be honest about the nature of their research but should only answer the questions asked by the US consulate.

The likelihood of a visa application being selected for a security review may be influenced by the applicant's nationality, country of citizenship or birth, countries visited in the past, and/or field of study or expertise. Individuals from certain countries, including Afghanistan, Algeria, Bahrain, Cuba, Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Nigeria, Pakistan, Saudi Arabia, Somalia, Syria, Tunisia, and the United Arab Emirates, are more likely to undergo security clearance checks. Additionally, students and scholars from "nonproliferation export control countries," including China, India, Israel, Pakistan, and Russia, may experience longer processing times.

While there is no official procedure for universities to intervene in cases of visa delays due to security clearance, offices like the Office of International Education (OIE) at Carnegie Mellon University and the International Scholars Office (ISchO) at MIT can provide guidance and support. They can help determine the cause of the delay and advise on the best course of action.

Obtaining a security clearance job as an international student

Security clearances often require citizenship:

In many countries, security clearances for accessing classified information are typically restricted to citizens. For example, in the United States, Executive Order 12968 stipulates that only US citizens are eligible for access to classified information. Similar restrictions may exist in other countries, so international students may face obstacles in obtaining security clearance for certain jobs.

Limited exceptions may exist:

There may be rare exceptions where non-citizens can obtain limited access authorizations (LAA) in specific situations. In the US, for instance, an LAA may be granted if a non-citizen possesses unique skills or expertise urgently needed, but this is only issued at the Secret level or below, and the government must prove that a current clearance holder is unavailable.

Administrative processing for visas:

International students applying for visas may undergo administrative processing, which can include security clearance procedures. This is more common for students from certain countries or fields, especially STEM fields, as listed in the US government's Technology Alert List (TAL). Administrative processing can cause delays in obtaining a visa, ranging from 4 weeks to 4 months or longer.

Steps to improve your chances:

If you're an international student seeking a security clearance job, consider the following steps:

• Contact employers: Reach out to your employer or prospective employers to clarify the specific security clearance requirements for the job(s) you're interested in.
• Highlight your skills: If you possess unique or in-demand skills, especially in STEM fields, emphasize these in your job applications and highlight how they meet the specific needs of the organization.
• Obtain necessary documentation: Ensure you have all the required documents, including proof of citizenship (passport), disclosure determination, and any foreign security clearance certificates.
• Endorsements and recommendations: Seek endorsements from program executives or officials responsible for the contract. Recommendations from faculty members or advisors who are citizens or permanent residents may also help strengthen your case.
• Legal advice: Consult with an immigration lawyer or advisor to review your specific situation and provide personalized guidance, especially regarding visa requirements and security clearance procedures in your desired country of work.

Remember that the requirements and procedures for security clearances can vary by country and organization, so it's important to stay informed about the specific guidelines in your desired location of study and employment.

Letter of Justification (LOJ) for non-US citizens

A Letter of Justification (LOJ) is a crucial component of the process for non-US citizens seeking security clearance or access to classified information. While the specific requirements and success rates for international students obtaining security clearance may vary, understanding the LOJ process is essential. Here is a detailed guide to help you navigate this aspect effectively.

Understanding the LOJ

The LOJ is a formal document that outlines the justification for a non-US citizen to obtain security clearance or access to sensitive information. It serves as a means to demonstrate the necessity of granting such access to an individual who is not a US citizen, which may be a challenging endeavour. The LOJ must be carefully crafted to meet the requirements outlined by the relevant authorities.

Contents of the LOJ

According to the Defense Counterintelligence and Security Agency, the LOJ must include specific information:

• Individual's name, date and place of birth, position title, and current citizenship status.
• Compelling reason for not employing a cleared or clearable US citizen for the position.
• Statement highlighting any unusual expertise or qualifications possessed by the applicant that makes them suitable for the role.
• Statement specifying that access will be limited to a particular government contract, identified by its contract number.
• Detailed list of the specific materials or information to which access is being requested.

Submission and Endorsement

The LOJ must be endorsed by the program executive officer or the official responsible for the contract. This endorsement signifies their support for the non-US citizen's request for security clearance. Along with the LOJ, proof of foreign citizenship must be provided. The LOJ and supporting documentation are then submitted to the DSS (likely the Defense Security Service).

Additional Considerations

It is important to note that the process and requirements for security clearance may vary depending on the specific circumstances and the level of clearance required. The information provided here serves as a general guide, and it is always advisable to refer to the official sources and guidelines for the most up-to-date and accurate information.

While the LOJ is a significant component of the process, there may be additional steps and considerations for international students seeking security clearance.

Frequently asked questions