Government employees, military, contractors and subcontractors whose work requires access to classified information may be eligible for security clearance—but only if they are U.S. citizens. Dual citizens are no longer discriminated against, at least in theory.  Their road can be a hard one. There is another category of access, however, that is often overlooked. For the convenience of the United States Government, non-U.S. citizens may be temporarily granted access to classified information in highly particular circumstances via a Limited Access Authorization (LAA).

When you apply for positions involving access to classified information, any authorized job offer is conditional upon your success in obtaining eligibility to access classified information. You do not actually apply or hold a security clearance; the clearance is matched to a slot on a contract, a billet in the military, or an FTE to which is assigned a Federal civilian employee. The clearance can transfer when you leave, but it is still assigned to a slot, billet, or FTE. Never treat your clearance like a driver’s license: yours to take and use in driving any car. In the world of classified work, it is as if the license is attached to the car, not the driver. This is true for U.S. citizens and green card holders alike.

In the case of LAA, that job offer is also contingent upon your would-be employer’s success in justifying hiring you over a cleared (or clearable) U.S. citizen.

Can Lawful Permanent Residents (LPR) Obtain Security?

No; being a green card holder is not enough to qualify you for national security eligibility. Security clearances are only granted to U.S. citizens. In rare cases, non-U.S. citizens may be permitted to hold a national security position, or limited access to classified information.

Should you be a non-U.S. citizen with expertise/skills needed to further an agency’s (or contracting agency’s) mission, and there is compelling reason not to fill your position with a cleared or clearable U.S. citizen, you may qualify for Limited Access Authorization (LAA).

How Does a Limited Access Authorization Differ From a Security Clearance?

Limited Access Authorizations are just that: limited. This is relative to security clearances, which are themselves already limited by any number of factors, such as one’s continued employment, ongoing suitability, and demonstrable trustworthiness. Security clearance is tethered to one’s sponsor in many ways, though kept afloat by one’s continued adherence to the National Security Adjudicative Guidelines (found in SEAD 4).

LAA, by contrast, are restricted to a single U.S. Government contract or project. Access ends when that contract or project does. A LAA does not transfer.

Unlike a security clearance, a Limited Access Authorization (LAA) carries the following limitations:

• Tied to a single contract/project and terminates upon project completion;
• Restricted to Secret level;
• Ineligible for access to RD, FRD, SNM, SCI, or any other intelligence/information deemed too sensitive to share with your country(s) of citizenship;
• Unable to access classified information outside of U.S. borders;
• Requires additional levels of applications, licenses, certificates, and permissions;
• Involves Tier 5 investigation (typically reserved for Critical Sensitive national security positions requiring Top Secret clearance);
• Holds higher burden of justifying this particular applicant over others, i.e. U.S. citizens who are cleared or may become cleared;
• Not eligible for appeal/administrative review process in event of revocation due to eligibility issues; and,
• Requires re-justification at a minimum of once per year, in addition to periodic reinvestigations and continuous vetting.

How to Qualify for a Limited Access Authorization (LAA)

If you are a non-U.S. citizen, the question of your eligibility for Limited Access Authorization (LAA) must be considered from two sides: (1) what you bring to the table; and (2) the lack of suitable U.S. citizens to fill your shoes.

On the applicant’s end, this means fulfilling an urgent need of a U.S. agency or their contractors with unique skills and knowledge. The flipside of that eligibility equation is out of your control. Your employer may firmly believe there is no suitable U.S. equivalent for your position, but the Director may disagree.

Much of what may disqualify you from a LAA is likewise out of your hands. For example, if you are a foreign national, Security is not only considering whether you as an individual can be trusted with specific classified information, but whether the country of which you are a citizen can be trusted with those same materials. Bear in mind that any doubts regarding U.S. national security are always resolved in favor of U.S. national security, not the interests of the individual seeking access eligibility.

How to Obtain a Limited Access Authorization (LAA)

LAAs require considerable legwork from any employer requesting to bring a non-U.S. citizen into a classified workplace. Executive Order 12968 (1995) lays out the framework for the Federal personnel security program, including the conditions under which LAA may be granted. Any contractor or agency who wishes to hire a foreign national or resident alien must go above and beyond an already intensive sponsorship process.

To request your Limited Access Authorization, your employer must:

• Share the specifics of your work and the nature of the classified information you would be authorized to access;
• Offer a detailed explanation as to why hiring a non-U.S. citizen over a cleared/clearable U.S. Citizen is justified in this case, including the unique skills and expertise you bring to the table;
• Enact a program to annually reassess your continued eligibility for access and vet your trustworthiness;
• Develop a comprehensive plan to control access to secure areas and sensitive information/materials;
• Identify the singular government contract/project for which you require access, and attest to the fact that your access is limited to that particular contract/project.

What is Involved in Obtaining a Limited Access Authorization (LAA)

Once an employer makes an authorized job offer to a non-U.S. citizen, they must request the LAA from the relevant Security Office. This involves presenting a thorough and compelling case for hiring you rather than a cleared or clearable U.S. citizen. Then, the appropriate Security Office (such as DCSA) will interview you. This consultation(s) is intended to glean the following information:

• Your contacts, relationships, family members, and associations with people outside the U.S. as well as their nature, duration, frequency, and extent;
• If you have any affiliation (or affiliation with someone who has any affiliation) with foreign government interests, organizations, or enterprises; and,
• The extent to which you exercise your non-U.S. citizenship.

After your interview(s), a preliminary counterintelligence-focused risk assessment may follow. Should the results indicate a potential security liability, your employer’s request to grant LAA will be denied.

Otherwise, your file will be forwarded to a deciding official (such as the Director, DCSA) who will decide whether or not to continue processing your LAA request. If the LAA request moves forward, you will undergo an extensive background investigation. Though you are not eligible to access anything beyond Secret level, this will be a Tier 5 investigation on par with Top Secret clearances.

If investigations and adjudication result in a favorable outcome, a formal comprehensive counterintelligence-focused risk assessment may follow. Again, these results arrive at the deciding official’s desk for approval or disapproval. If approved, the deciding official will direct the requisite Security Office to grant your LAA. Should the deciding official disapprove, you will not be granted an LAA. That determination is final.

Why Limited Access Authorizations (LAA) Are Denied

In seeking an LAA, it is important for an applicant to understand that the driving force moving the process forward is really the Government agency, not the corporation or agency in need of a cleared employee. There needs to be a Government mission requirement that can only best be met with a specific individual who is a foreign national. Often, it is an agency official who actually suggests an LAA to the CEO of the contracting company. Once that hurdle is cleared, the next hurdle is SEAD-4: The Adjudicative Guidelines. Of course, there will be Guideline B, Foreign Influence, and Guideline C, Foreign Preference issues to review in order to mitigate those presented security concerns. But it is best that no other Guidelines are triggered (e.g., Guideline F, Financial Issues or Guideline H, Drug Involvement).

The Role of a Security Clearance Attorney in Obtaining Your LAA

LAAs are simply another tool available to the corporate CEO or agency head seeking to meet the demands of the classified workspace. Like Facilities Security Clearances and Personnel Security Clearances, LAAs enable formation of the best team in pursuit of a specific mission for a Federal agency. Consulting a national security attorney early allows the corporate team to anticipate snags, and select the foreign subject matter expert so as to reduce potential security liabilities.

Dan Meyer, Esq. is a Partner at Tully Rinckey PLLC’s Washington, D.C. office and has dedicated more than 25 years of service to the field of Federal Employment and National Security law as both a practicing attorney and federal investigator and senior executive. He is a lead in advocating for service members, Federal civilian employees, and contractors as they fight to retain their credentialing, suitability and security clearances.

Tully Rinckey attorneys understand that issues involving security clearances can be challenging, and they will handle your matter with the attention and tact it deserves. If you have additional questions, our team of dedicated security clearance attorneys is available to assist you today. Please call 8885294543schedule a consultation online.