Export control and security clearances in space job postings

What “U.S. person” means

The International Traffic in Arms Regulations (ITAR) define it in 22 CFR 120.62:

“U.S. person means a person who is a lawful permanent resident as defined by 8 U.S.C. 1101(a)(20) or who is a protected individual as defined by 8 U.S.C. 1324b(a)(3).” (source)

The same section also covers companies incorporated to do business in the United States and government bodies. The Justice Department puts the people side in plain words:

“In addition to U.S. citizens, U.S. persons include U.S. nationals, lawful permanent residents, and workers granted asylum or refugee status.” (source)

Under the ITAR and the Export Administration Regulations (EAR), U.S. persons working for U.S. companies can access export-controlled items without authorization from the U.S. government. For workers who are not U.S. persons, employers might need authorization from the Department of State or the Department of Commerce, depending on the item (source).

What the Justice Department says about hiring

Its employer fact sheet (revised March 2024) says:

“The ITAR and the EAR don't contain employment or hiring requirements.” (source)

It says employers generally should not limit hiring or recruiting based on citizenship status or immigration status, “unless required by a law, regulation, government contract, or executive order” (source). It also advises:

“Don't state in job advertisements or otherwise tell job applicants that export control regulations require applicants to have a specific citizenship, immigration status, or national origin.” (source)

And when employers discuss export control requirements with candidates, it tells them to “make clear that U.S. persons include more than U.S. citizens.” (source).

What a security clearance is and who sponsors it

A security clearance is a U.S. government decision that a person is eligible for access to classified information. For contractor employees, the rule is 32 CFR 117.10:

“The CSA is responsible for determining an employee's eligibility for access to classified information.” (source)

• The employer must determine that access is essential to work on a classified contract (source).
• Employers ask only for their own people: “Contractors will not submit requests for determination of eligibility for access to classified information for individuals who are not their employees or consultants” (source).
• If a new hire needs access from the first day, the employer may ask before the start date, provided it has made a written commitment for employment and the candidate has accepted the offer in writing (source).
• An applicant who claims U.S. citizenship must give the employer evidence of it (source).
• “Contractors must make every effort to ensure that non-U.S. citizens are not employed in duties that may require access to classified information.” The rule allows rare exceptions, a Limited Access Authorization, for urgently needed skills (source).
• One investigation tier covers Confidential and Secret access; another covers Top Secret and SCI (source).

How our job pages label this

• Export control: “the posting says the role needs a U.S. person” when the posting's own text says so, otherwise “not stated”.
• Security clearance: “required” when the posting asks for one you hold now, “the ability to obtain one” when it says you can get it after hire, otherwise “none stated”. The level (Secret, Top Secret, TS/SCI) is shown when the posting names it.
• Pay: the range the posting lists, or “not stated as a range”.

These are read from the posting text by fixed word rules. We never guess from the company, the title or the industry. Read the full posting, and ask the employer if anything is unclear.

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