Lana Oconnell
International students seeking employment in certain fields, particularly those related to US security, may be required to undergo security clearance procedures. These processes can vary in duration, ranging from a few weeks to several months, and may include multiple checks. While non-US citizens generally cannot obtain security clearance, there are rare exceptions where individuals with unique skills or expertise may be granted limited access. The specific requirements and procedures for security clearance vary across countries and institutions, and international students are advised to seek guidance from their respective universities' international offices or relevant government departments.
| Characteristics | Values |
|---|---|
| Security Clearance for International Students | Generally, non-U.S. citizens cannot obtain a security clearance. However, there may be exceptions in rare circumstances where a non-U.S. citizen possesses a unique or unusual skill or expertise that is urgently needed. |
| Security Clearance Process | The process can vary, but it typically involves submitting a Letter of Justification (LOJ) along with proof of foreign citizenship, a copy of the disclosure determination or export license, and a foreign security clearance certificate (if available). |
| Security Clearance Types | CONDOR clearance, MANTIS clearance, and NCIC clearance. |
| Security Clearance Wait Times | Security clearances can take from 4 weeks to 4 months or more to complete, with some clearances taking up to 60-90 days or even longer in certain cases. |
| Impact on Visa Processing | Security clearances are often required as part of the visa application process, which can result in delays of several weeks or months for international students and scholars. |
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What You'll Learn
- International students in the USA are generally not eligible for security clearance
- Non-US citizens with unique skills may be granted Limited Access Authorisation (LAA)
- Security clearances are often required for visas, especially for certain countries
- Students in STEM fields are more likely to be subject to administrative processing
- Security clearances can cause delays of several weeks or months
International students in the USA are generally not eligible for security clearance
When applying for a visa to enter the US, international students may be subject to security clearance, which can cause delays of several weeks or even months. This is part of the administrative processing that may be applied randomly to international students from certain countries and/or fields, particularly STEM. The US Embassy/Consulate may request security clearance prior to issuing an initial or extended visa, and individuals with special skills in STEM fields are more likely to undergo this process. The security clearance process involves three types of checks: CONDOR, MANTIS, and the Critical Fields List (CFL).
The criteria for the CONDOR clearance are classified and not publicly available. On the other hand, the MANTIS clearance is related to "sensitive technology" and is based on the applicant's involvement in any of the 15 categories listed on the CFL of the Department of State's Technology Alert List (TAL). This list includes fields such as chemistry, biochemistry, immunology, chemical engineering, and civil engineering. The TAL identifies technologies with potential "dual-use" applications, meaning they may have benign purposes but are deemed to have potential military applications as well.
It is important to note that the university or academic institution will not be able to expedite the security clearance process, and visa applicants should be prepared for potential delays. International students seeking employment in the USA should carefully review all job requirements, as some positions, especially government jobs, may require US citizenship or existing security clearance. Obtaining security clearance as a non-US citizen is a challenging process, and even more so for international students who may have additional visa-related considerations.
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Non-US citizens with unique skills may be granted Limited Access Authorisation (LAA)
Generally, non-US citizens are not eligible for a security clearance. Executive Order 12968, Access to Classified Information, states that only US citizens can access classified information. However, there are exceptions for non-citizens with unique skills who may be granted Limited Access Authorisation (LAA).
The LAA is a rare occurrence, granted only when a non-US citizen possesses a unique skill or expertise that is urgently needed and deemed necessary for the mission of the Department of Defense (DoD). The need must be specific, and the government must prove that a current US clearance holder is not available to take on the role. The LAA is only issued at the Secret level or below, and never for Top Secret information.
To obtain an LAA, a non-US citizen must submit a Letter of Justification (LOJ) along with proof of foreign citizenship. The LOJ must include a detailed list of the specific material the applicant wishes to access and a statement that the classified information is approved for release to the applicant's country of citizenship. The request must be endorsed by the program executive officer or an official responsible for the contract.
The LAA process is extensive and requires maintaining detailed records. The recipient's identity, including current citizenship, date and place of birth, and the nature of the specific program materials they will have access to, must be documented. The classification level of access and the reasons for granting access must also be recorded. Individuals granted an LAA are subject to a 5-year periodic reinvestigation.
It is important to note that security clearances for non-US citizens can be a lengthy process, often taking several weeks or even months. This process may involve additional security checks and delays, especially for individuals in sensitive fields related to US security, such as chemistry, biological sciences, and physics.
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Security clearances are often required for visas, especially for certain countries
There are three types of security checks that may affect nonimmigrant visa processing in the US: CONDOR, MANTIS, and NCIC. The criteria for these checks are classified, but they are usually intended for individuals working in sensitive fields related to US security, such as chemistry, biological sciences, and physics. However, the scope of these clearances can sometimes go beyond these areas. For instance, the MANTIS clearance is a "sensitive technology" alert that applies to a broad range of fields, including chemistry, biochemistry, immunology, chemical engineering, civil engineering, and pharmacology.
Individuals with common Muslim or Latinx names are almost guaranteed to be flagged for CONDOR or NCIC security clearances. This has resulted in a large number of false hits and delays for people with common Latinx names such as Kim or Smith. Even those with spotless immigration records and no more than a traffic violation may be subjected to these unexpected delays.
It is important to note that security clearances can take between 60 to 90 days, or even longer, and no amount of intervention from a university or other institution will speed up the process. Additionally, there may be increased wait times for visa appointments due to consulate or embassy closures during holidays. Therefore, it is advisable to schedule visa interviews early and inform the relevant departments, faculty, and supervisors in advance.
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Students in STEM fields are more likely to be subject to administrative processing
Generally, international students seeking visas to enter the US may be subject to security clearances, which can cause delays of several weeks or even months. These security clearances are usually intended for individuals working in sensitive fields related to US security, such as chemistry, biological sciences, and physics. However, the scope can sometimes extend beyond these areas.
Students in STEM (Science, Technology, Engineering, and Mathematics) fields are more likely to be subject to administrative processing and security clearances due to the nature of their studies. The Critical Fields List (CFL) of the Department of State's (DOS) Technology Alert List (TAL) includes an extensive list of technologies with potential "dual-use" applications, which may have benign appearances but are deemed to possess potential military applications. This list encompasses numerous associated fields such as chemistry, biochemistry, immunology, chemical engineering, civil engineering, and pharmacology. Consequently, students pursuing STEM education, particularly in these areas, are more likely to undergo additional scrutiny during the visa application process.
For example, at Berkeley, international students and scholars have increasingly undergone security clearances as part of their visa application process. The first potential check is the CONDOR clearance, whose criteria are classified and unpredictable. The second is the MANTIS clearance, which pertains to "sensitive technology" and is based on the CFL. This means that most research scientists, physicians, academics, and engineers in these fields could be subject to this clearance.
The impact of these security clearances can be significant, as individuals must wait for their clearance to be completed before entering the US, and the processing times can be lengthy and unpredictable, ranging from weeks to months.
While security clearances are an important aspect of maintaining US security, they can also pose challenges for international students, particularly those in STEM fields. It is crucial for students to be aware of these potential delays and plan their visa applications accordingly. Additionally, initiatives like the Biden-Harris Administration's "YOU Belong in STEM" initiative aim to strengthen and increase equitable access to STEM education, ensuring that all students have the opportunity to excel in these fields regardless of their background.
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Security clearances can cause delays of several weeks or months
The U.S. government conducts security clearances for non-immigrant visa processing, and these additional measures can lead to unexpected delays. The Department of State (DOS) receives a request for security clearance when an application is flagged as a possible security concern. International students and scholars from certain countries and fields, especially STEM, are more likely to undergo administrative processing and security clearances. Applicants from countries designated as state sponsors of terrorism and those with memberships in specific organizations also receive special reviews, which can extend the processing time.
The extent and scope of security clearances can vary. While they usually focus on individuals working in sensitive fields related to U.S. security, such as chemistry, biological sciences, and physics, they can sometimes go beyond these areas. The criteria for security clearances, such as the CONDOR clearance, are often classified, making it challenging to anticipate who will be subject to these checks. Additionally, the MANTIS clearance, which relates to "sensitive technology," covers a comprehensive list of technologies with potential "dual-use" applications, potentially impacting a wide range of professionals, including research scientists, physicians, academics, and engineers.
It is important to note that universities typically cannot intervene to expedite security clearance processing times. Therefore, individuals should be prepared for potential delays and schedule their visa interviews early, keeping their department, faculty, and supervisors informed. These delays can impact travel plans and the timing of returning to the U.S., so advance planning and communication are crucial to navigate these potential delays effectively.
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Frequently asked questions
International students do not need security clearance as they are not eligible for it. Only US citizens can obtain security clearance, which is issued by several federal agencies, including the Department of Defense and the Department of Homeland Security.
Yes, in rare circumstances, non-US citizens with unique skills or qualifications may be granted Limited Access Authorization (LAA).
To obtain security clearance, individuals must be sponsored by an employer and be in a position that requires security clearance. The individual must then comply with Periodic Reinvestigation requirements, which are currently required at five-year intervals for top-secret clearances, 10 years for secret clearances, and 15 years for confidential clearances.
