Permanent Residents: Security Clearance Eligibility

Permanent residents, or green card holders, in the US are not eligible for security clearance. However, they can access classified information in certain circumstances. This is not the same as being granted security clearance. In order to access classified information, a deliberate need must be identified, a rationale determined, and access is only granted after a positive background check. Non-US citizens can be granted a Limited Access Authorisation (LAA) in rare circumstances, such as when they possess a unique skill.

Characteristics of Lawful Permanent Residents Getting Security Clearance

Permanent residents can access classified information in certain situations

Permanent residents are not granted security clearances. However, in certain situations, they can access classified information. This is not to be confused with being granted a security clearance.

The National Industrial Security Operating Manual (NISPOM) states that only US citizens are eligible for security clearances. Nevertheless, in approved circumstances, non-US citizens can access classified information. This access is granted only after a deliberate need is identified, a rationale is determined, and the request is approved.

In such cases, the government can authorize a Limited Access Authorization (LAA). The LAA is not a security clearance but a process by which access to specific classified information is provided through an approval process. The approval process requires multi-agency coordination, including the defense contractor requesting the need to provide a non-US citizen access to classified information, the government customer justifying the need with a specific rationale, State Department visibility, and final Defense Security Services (DSS) approval. Once the DSS approves the letter of justification, they notify the defense contractor, who initiates a background investigation.

The LAA authorizes the non-US citizen to access classified information specific to the contract and based on their need to know. They are not allowed access to anything above the "SECRET" level. Any access beyond what is specified should be considered and reported as a security violation.

To request access to classified information for a non-US citizen, a Letter of Justification (LOJ) must be submitted, 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). The LOJ must specify the contract number and a precise list of materials to be accessed.

Non-US citizens are restricted from security clearances

Non-US citizens are restricted from obtaining security clearances. Executive Order 12968, Access to Classified Information, states that only US citizens are eligible to access classified information. The National Industrial Security Operating Manual (NISPOM) outlines that security clearances are only for US citizens.

However, there are exceptions to this rule. In rare circumstances, non-US citizens can be granted a Limited Access Authorization (LAA). This is not a security clearance but provides access to specific classified information. For this to be approved, the non-US citizen must possess unique or unusual skills or expertise that is urgently needed and not available from a current clearance holder. The process requires multi-agency coordination, including the defense contractor, the government customer, the State Department, and final Defense Security Services (DSS) approval. A background investigation is also required.

To obtain an LAA, a Letter of Justification (LOJ) must be sent 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 should specify the contract number and list the material to be accessed. Once the LAA is in place, the non-US citizen can access classified information specific to the contract and based on their need to know.

While some argue that permanent residents capable of performing defense jobs should be granted security clearances, others emphasize the gravity of the information and the potential security risks involved. Citizenship is seen as an essential requirement to mitigate these risks, and the process of obtaining citizenship is likened to the lengthy and challenging process of obtaining a medical license or security clearance for US citizens.

Limited Access Authorization (LAA) is not a security clearance

In the United States, only citizens are eligible for security clearances. However, in rare circumstances, non-citizens with unique, highly specialized skills and experience may be granted a Limited Access Authorization (LAA). This is not a security clearance but a process by which access to specific classified information is provided through an approval process.

The LAA is a mechanism that allows the government to provide non-US citizens access to classified information in specific and rare circumstances. It is important to note that LAA is not the same as granting a security clearance, which is only given to US citizens. The LAA process involves multi-agency coordination, including the defense contractor, the government customer, the State Department, and the Defense Security Services (DSS). The defense contractor initiates the process by requesting the need to provide a non-US citizen access to classified information. The government customer then justifies the need with a specific rationale, which includes details such as the contract number and a precise list of materials the individual will access. The State Department reviews the request, and final approval is given by the DSS.

Once the DSS approves the request, they notify the defense contractor, who then initiates a background investigation of the non-US citizen. After the LAA is in place, the individual can access classified information specific to the contract and based on their need to know. It is important to emphasize that the LAA does not grant the same level of access as a security clearance and is only provided for specific information and circumstances.

The eligibility standards for access to classified information are outlined in the National Security Adjudicative Guidelines (NSAG), which determine the levels of classified information: Confidential, Secret, and Top Secret. Each level is based on the potential damage to US security if the information were disclosed to unauthorized individuals. While non-US citizens with specialized skills may be granted LAA in rare cases, it is still subject to strict approval processes and limited in scope compared to the access granted through a security clearance.

Permanent residents can apply for Secret clearance

While permanent residents are not granted security clearances in the US, there are certain situations in which they can access classified information. This is not the same as being granted a security clearance. In these cases, permanent residents can have access to classified information, but it is only after a specific need is identified, a rationale is determined, and access is granted following a successful background check.

The National Industrial Security Operating Manual (NISPOM) states that only US citizens are eligible for security clearances. However, in exceptional circumstances, non-US citizens can access classified information. This is not the same as being granted a security clearance. There are limited situations in which a non-US citizen may be authorized to access and work with classified information. For example, if they possess unique or unusual skills necessary to support the US.

To obtain access to classified information, non-US citizens must submit a request with a Letter of Justification (LOJ). This must be endorsed by the program executive officer or the official responsible for the contract. 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 DSS approves the LOJ, they notify the defense contractor, who then initiates a background investigation. After the Limited Access Authorization (LAA) is in place, the non-US citizen can access classified information specific to the contract and based on their need to know.

It is important to note that while permanent residents may be able to access classified information in certain circumstances, it is not the same as being granted a security clearance. Obtaining a security clearance as a permanent resident in the US is not possible due to the requirement of demonstrating uncontested allegiance to the state, which non-citizens do not possess.

Non-US citizens can access classified information with approval

In the United States, only citizens are eligible for security clearances. However, in rare circumstances, non-US citizens can access classified information with approval. This is not to be confused with being granted a security clearance.

Non-US citizens can be approved to work with classified information in limited situations. This includes when they possess unique or unusual skills necessary to support the US, or when they have expertise that is urgently needed. The need for access must be specific, and the government must prove that a current clearance holder is unavailable.

To grant access to classified information to a non-US citizen, a multi-agency approval process must be followed. This begins with a defense contractor requesting the need to provide a non-US citizen access to classified information. The government customer must then justify the need with a specific rationale, and the State Department must be informed. Once the Defense Security Services (DSS) approves the letter of justification, they notify the defense contractor, who initiates a background investigation.

The letter of justification should specify the contract number and a precise list of materials to be accessed. It must be sent to the DSS along with proof of foreign citizenship (i.e. passport), a copy of the disclosure determination or export license, and a foreign security clearance certificate (if available). Once the approval process is complete, the non-US citizen can access classified information specific to the contract and based on their need to know.

It is important to note that there are still restrictions on the information that non-US citizens can access, even with approval. For example, in the commercial industry, access to technical information is controlled under the Export Administration Regulation (EAR). In the defense contracting industry, non-US persons are restricted from accessing certain technical information per the International Traffic in Arms Regulation (ITAR).

Frequently asked questions