Security Clearance For International Students: Possible Or Not?

International students, especially those on F1 visas, often wonder whether they can obtain security clearance. Generally, non-U.S. citizens cannot obtain security clearance, as Executive Order 12968 states that only U.S. citizens are eligible to access classified information. However, there may be exceptions in rare circumstances, such as when a non-citizen possesses unique skills or expertise urgently needed. The decision ultimately rests with the issuing agency, and specific procedures and requirements must be followed for non-U.S. citizens seeking clearance.

Non-US citizens and security clearance

Generally, non-US citizens cannot obtain a security clearance in the US. Executive Order 12968, Access to Classified Information, states that eligibility to access classified information may only be granted to US citizens.

However, there are exceptions to this rule. In rare circumstances, a non-US citizen who possesses a unique or unusual skill or expertise that is urgently needed may be granted Limited Access Authorization (LAA). 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. The need for the non-citizen's skills or expertise must be specific, and the government must generally prove that a current clearance holder with the required skills is not available.

To request access to classified information for a non-US citizen, a Letter of Justification (LOJ) must be submitted to the DSS, along with proof of foreign citizenship (such as a passport), a copy of the disclosure determination or export license, and a foreign security clearance certificate (if available). The request must be endorsed by the program executive officer or official responsible for the contract.

While it may be challenging for non-citizens to obtain security clearance, it is not impossible in certain specific situations where their skills or expertise are deemed essential.

F1 visa and TS/SCI clearance

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 may be exceptions in rare circumstances where a non-US citizen possesses a unique skill or expertise that is urgently needed. In such cases, a Limited Access Authorisation (LAA) may be granted, but only at the Secret level or below.

For international students on an F1 visa, the likelihood of obtaining a TS/SCI clearance is slim. While it is not outright impossible, it is generally difficult to obtain such a high level of security clearance without US citizenship or, at the very least, legal permanent resident (LPR) status. The decision, however, ultimately rests with the issuing agency.

The TS/SCI clearance is one of the highest levels of security clearance, allowing access to highly sensitive information. It is often required for positions involving national security and is granted only to those who genuinely need this level of clearance for their work. The process typically involves a background check and a polygraph test, and a sponsor must request this clearance on the applicant's behalf.

If you are an international student on an F1 visa seeking a TS/SCI clearance, it is essential to consult with an experienced immigration lawyer. They can provide specific advice based on your unique circumstances and guide you through the complex process of obtaining such a high-level security clearance.

Limited Access Authorization (LAA)

Generally, non-US citizens cannot obtain a security clearance. Executive Order 12968, Access to Classified Information, states that only US citizens can access classified information. However, there is an exception in the form of Limited Access Authorization (LAA). LAA may be granted in rare cases where a non-US citizen has a highly sought-after skill or expertise that is urgently needed. The need must be specific and well-defined, and the government must prove that no current clearance holder is available with the required skills. The LAA only allows access to information that is necessary for the individual's assigned duties and is based on a comprehensive background investigation, including a review of the individual's foreign citizenship status.

To obtain an LAA, a non-US citizen must submit a request that includes a Letter of Justification (LOJ) and proof of foreign citizenship, such as a passport. The LOJ must outline the specific need for the individual's skills or expertise and be endorsed by a program executive officer or the official responsible for the contract. The request is then evaluated based on the procedures outlined in the National Industrial Security Program Operating Manual (NISPOM) and Industrial Security Letter (ISL). It is important to note that LAA is only issued at the Secret level or below and is carefully scoped to ensure that access is limited to the minimum necessary.

The process for obtaining an LAA can be complex and rigorous, and it is not a common occurrence. Each request is carefully considered to ensure that the individual meets the specific criteria and that there is a genuine need for their skills or expertise. While it provides an opportunity for non-US citizens with in-demand skills to contribute to areas requiring security clearance, the bar is deliberately set high to maintain the integrity and security of sensitive information.

In summary, Limited Access Authorization (LAA) is a rare exception to the rule that only US citizens can obtain security clearance. It is a carefully regulated process that allows non-US citizens with highly sought-after skills or expertise to access confidential or secret information essential to their assigned duties. The stringent requirements and evaluation process ensure that sensitive information is protected while recognising the potential contributions of individuals with unique qualifications.

Letter of Justification (LOJ)

For non-US citizens seeking security clearance, a Letter of Justification (LOJ) is a crucial component of the process. While non-US citizens are generally ineligible for security clearance as per Executive Order 12968, there are exceptions in specific situations. In rare cases, a non-US citizen with unique skills or expertise may be granted Limited Access Authorization (LAA) at the Secret level or below. To request access to classified information, a non-citizen must submit an LOJ, endorsed by the program executive officer or the contract's responsible official.

The LOJ should be accompanied by proof of foreign citizenship, such as a passport, along with a copy of the disclosure determination or export license, and a foreign security clearance certificate, if available. This package of documents is sent to the DSS (Defense Security Service). The LOJ is a critical step in the clearance process, as it can result in a qualified applicant being rejected for a position requiring security clearance.

The existence of an LOJ in a clearance database record may lead to prospective employers bypassing an applicant, as it suggests a clearance eligibility problem that may be time-consuming to resolve. This "due process" issue has been highlighted in a DOD Inspector General report, which found that agencies were avoiding the requirement when terminating an applicant's access to classified information.

To overcome this challenge, individuals can seek professional assistance to improve their chances of obtaining clearance. Specialized firms offer tailored sponsorship letters, analyzing an individual's case and addressing any underlying security concerns or issues. These letters are designed to build employer confidence and increase the likelihood of sponsorship, which is essential for reinstating clearance.

Foreign security clearance certificate

In the United States, non-citizens cannot obtain a security clearance as per Executive Order 12968, Access to Classified Information. This order stipulates that eligibility to access classified information may only be granted to US citizens. However, there are exceptions for specific situations. Limited Access Authorization (LAA) may be granted in rare circumstances where a non-US citizen has unique or unusual skills or expertise that are urgently needed. In such cases, a Letter of Justification (LOJ) must be sent to the DSS, along with proof of foreign citizenship, a copy of the disclosure determination or export license, and a foreign security clearance certificate (if available). The LOJ must include specific information such as the individual's name, date and place of birth, position title, and current citizenship.

In Finland, the National Security Authority (NSA), a unit within the Foreign Ministry, issues Personnel Security Clearance Certificates (PSC) required by international information security obligations.

Frequently asked questions