The Citizenship Requirement for Federal Jobs

Most federal civilian jobs are open only to U.S. citizens and nationals. The rule rests on Executive Order 11935, signed by President Gerald Ford on September 2, 1976, after the Supreme Court held in Hampton v. Mow Sun Wong that the Civil Service Commission lacked authority to bar noncitizens on its own, and on a provision that Congress has included in annual appropriations laws for decades barring the use of funds to pay most noncitizens working in the continental United States. Naturalized citizens are eligible for every federal job on the same terms as citizens by birth.

Agencies may hire noncitizens for competitive service jobs only when no qualified citizens are available, and positions outside the competitive service follow the appropriations rule, which makes exceptions for permanent residents seeking citizenship and for nationals of certain countries. In practice agencies such as the Veterans Health Administration and the National Institutes of Health hire some noncitizen doctors and scientists, and embassies abroad employ many local staff. Security clearances are generally limited to citizens. Green card holders may enlist in the military and naturalize on an expedited basis, but officers must be citizens.

People on temporary work visas, such as H-1B, and recipients of Deferred Action for Childhood Arrivals generally cannot hold federal civil service jobs, though they may work for federal contractors in roles that do not require a clearance and for public universities and some state and local governments. Supporters of the citizenship rule say federal employees exercise public authority and should owe allegiance to the United States. Critics say it shrinks the talent pool in fields such as medicine, science, and languages where agencies struggle to hire.