Lori Meadows
Generally, non-US citizens cannot obtain security clearance, as stipulated by Executive Order 12968, which states that only US citizens are eligible to access classified information. However, there may be exceptions for non-citizens with unique skills or expertise urgently needed, but these cases are rare and require specific procedures and endorsements. International students, particularly those on F1 visas, face similar restrictions, and the decision rests with the issuing agency. To obtain clearance, non-citizens must provide a Letter of Justification and proof of foreign citizenship, among other documents.
Can international students get security clearance?
| Characteristics | Values |
|---|---|
| Non-U.S. citizens' security clearance | Non-U.S. citizens cannot obtain security clearance. However, there may be exceptions for specific situations. |
| Exceptions | Limited Access Authorization (LAA) may be granted in rare circumstances where a non-U.S. citizen possesses a unique skill or expertise that is urgently needed. |
| Requirements for LAA | The request must include a Letter of Justification (LOJ) and be endorsed by the program executive officer or official responsible for the contract. |
| International students with F1 visas | Generally, international students with F1 visas are not eligible for security clearance, but the issuing agency makes the final decision. |
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What You'll Learn
Non-US citizens and security clearance
Generally, non-US citizens cannot obtain a security clearance, as stipulated by Executive Order 12968, which outlines that only US citizens are eligible to access classified information. However, there may be exceptions in specific situations. A Limited Access Authorization (LAA) may be granted in rare cases where a non-US citizen possesses unique skills or expertise that are urgently required. The need must be specific, and the government must generally prove that a current clearance holder is unavailable.
The process for requesting an LAA for a non-US citizen involves submitting a Letter of Justification (LOJ) 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 LOJ must be endorsed by the program executive officer or the official responsible for the contract.
It is important to note that the LAA is only issued at the Secret level or below, as outlined in the National Industrial Security Program Operating Manual (NISPOM) and Industrial Security Letter (ISL). This means that access to Top Secret or higher-level classified information is typically restricted to US citizens only.
In summary, while it is challenging for non-US citizens to obtain security clearance, there are rare exceptions where individuals with highly sought-after skills or expertise may be granted limited access. Each case is assessed on its own merits, and the bar for granting clearance to non-citizens is set very high by the US government.
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Limited Access Authorization (LAA) for non-US citizens
Generally, non-US citizens cannot obtain a security clearance. However, in rare circumstances, they may be granted a Limited Access Authorization (LAA) if they possess unique skills or expertise that are urgently needed and cannot be fulfilled by a US citizen. 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 obtain an LAA, a non-US citizen must provide a compelling reason for why a cleared or clearable US citizen is not suitable for the role. They must also demonstrate unusual or unique expertise and specify the particular government contract and material they will need access to. The classified information must be approved for release to the person's country of citizenship, and a Letter of Justification (LOJ) must be provided and endorsed by the program executive officer or official responsible for the contract.
The LOJ should include a statement of the applicant's unusual expertise, the specific government contract and material they will need access to, and confirmation that the classified information is approved for release to the applicant's country of citizenship. Along with the LOJ, proof of foreign citizenship must be sent to the DSS.
It is important to note that the LAA process is highly selective and rare. The US government must prove that there is no current clearance holder available who can fulfill the role. The specific requirements and procedures for LAA are outlined in the NISPOM and ISL, which provide further details on the eligibility and application process for non-US citizens seeking access to classified information.
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F1 visa holders' eligibility for TS/SCI clearance
Generally, international students on F1 visas are not eligible for TS/SCI clearance. To be eligible for this level of security clearance, one typically needs to be a US citizen or, at the very least, a Lawful Permanent Resident (LPR). The issuing agency, however, ultimately decides whether to grant security clearance.
The F1 visa is a non-immigrant visa that allows international students to study in the US. It is typically valid for the duration of the student's academic programme, plus any additional time needed for practical training related to their course of study.
TS/SCI is a type of security clearance required for accessing Top Secret or Sensitive Compartmented Information. This type of clearance is typically sought by individuals seeking employment in government agencies or private companies that handle sensitive information.
To obtain TS/SCI clearance, individuals typically undergo a rigorous background investigation, including a review of their financial, criminal, and medical history, as well as a polygraph examination. The process can be lengthy and involves multiple interviews and extensive paperwork.
While F1 visa holders are generally not eligible for TS/SCI clearance, there may be other options for international students seeking employment or research opportunities in sensitive fields. Consulting with an immigration attorney or an advisor at one's academic institution can provide guidance on navigating the specific requirements and restrictions associated with the F1 visa status.
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The decision-making body for security clearances
Department of Defense (DoD)
The DoD plays a significant role in the security clearance process. They receive the security package from the hiring agency, which contains the candidate's paperwork, including fingerprints and criminal records. DoD investigators conduct an extensive background investigation, reviewing factors such as education, employment history, financial documents, and interviews with the candidate's associates. The DoD investigators gather and assess the information against 13 guidelines set by the Office of the Director of National Intelligence, covering areas like foreign preference, sexual behaviour, and psychological conditions. Ultimately, an adjudicator within the DoD makes a decision about the candidate's clearance level and communicates it back to the hiring agency.
Department of Homeland Security
The Department of Homeland Security is responsible for providing security clearances to state, local, private sector, territorial, and tribal entities. They typically grant secret clearance to these entities, ensuring they meet the necessary requirements and adhere to the appropriate protocols for handling sensitive information.
Department of Energy
The Department of Energy is tasked with providing clearances for employees who work with classified information or special nuclear material. This department ensures that individuals with access to such sensitive information undergo rigorous vetting and meet the necessary security standards.
Federal Bureau of Investigation (FBI)
The FBI is responsible for conducting security clearances for its employees and state and local law enforcement officials who require access to classified information. The FBI performs record checks with other federal agencies and local law enforcement and reviews credit history. They also require candidates to complete specific forms, such as SF-86 and FD-258, as part of the security clearance process. The FBI's process includes granting Secret or Top Secret clearance based on the candidate's "need-to-know" for national security information and their level of access to FBI facilities.
Diplomatic Security Service (DSS)
The Department of State maintains the Diplomatic Security Service (DSS), which conducts background investigations for departmental employees and, in some cases, other agencies. The DSS helps determine an individual's suitability for government employment, fitness for contractor work, eligibility for access to classified information, and authorisation for federal credentials.
It is important to note that while these agencies play a crucial role in the security clearance process, the ultimate decision-making authority may vary depending on the specific position, level of clearance required, and the hiring organisation's policies. Each agency has its own procedures and guidelines, ensuring that individuals seeking security clearances undergo a thorough assessment to protect sensitive information and national security interests.
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Documents required for clearance
Obtaining a security clearance typically requires a comprehensive background check, and certain documents are essential to facilitate this process. The specific documentation needed may vary depending on the clearance level and the nature of the position requiring clearance. Here is a detailed breakdown of the documents typically required for security clearance:
Identity and Biographical Information:
- Standard Form 86 (SF-86), also known as the National Security Questionnaire, is a comprehensive questionnaire that collects personal and biographical details. It covers various aspects, including personal history, employment history, foreign activities, and personal references.
- Fingerprint cards, such as the FBI applicant fingerprint cards (FD-258), are often required for background investigations and identity verification.
Proof of Citizenship:
Citizenship verification is typically required for security clearances, especially for federal positions. The specific documents accepted as proof of citizenship may vary by country or jurisdiction.
Employment Records:
Employment records are necessary to verify employment history and current employment status. These records may include offer letters, employment contracts, performance evaluations, and other relevant documentation.
Background Investigation Documentation:
- Depending on the clearance level, individuals may need to provide detailed background information. For lower-level clearances, this could involve providing records covering a few years, while higher-level clearances may require information dating back to one's 18th birthday.
- Background information may include education transcripts, previous employment records, residential history, and any relevant certifications or qualifications.
Credit History:
Credit reports and financial records may be required as part of the background investigation process. These documents help assess an individual's financial stability and trustworthiness.
Criminal Record Checks:
Criminal record checks are typically conducted to ensure the absence of any disqualifying criminal history. Individuals may need to provide relevant court records or police clearances to demonstrate their criminal history, or lack thereof.
It is important to note that additional documents or requirements may be necessary, depending on the specific circumstances and the level of security clearance being sought. The hiring authority or the relevant government agency will guide individuals through the security clearance process, ensuring they provide the necessary documentation.
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Frequently asked questions
Generally, non-U.S. citizens cannot obtain security clearance. However, there may be exceptions in rare circumstances where the individual possesses a unique skill or expertise that is urgently needed.
Requests for non-U.S. citizens to obtain access to classified information must include a Letter of Justification (LOJ), passport, copy of disclosure determination or export license, and foreign security clearance certificate (if available).
The issuing agency makes the final decision on whether to grant security clearance to an international student.
In some cases, international students may be eligible for Limited Access Authorization (LAA), which is typically issued at the Secret level or below. The specific procedures for LAA are outlined in the National Industrial Security Program Operating Manual (NISPOM) and Industrial Security Letter (ISL).
