"(A) a person or other entity that employs three or fewer employees,
(B) a person’s or entity’s discrimination because of an individual’s national origin if the discrimination with respect to that person or entity and that individual is covered under section 703 of the Civil Rights Act of 1964 [42 U.S.C. 2000e–2], or
(C) discrimination because of citizenship status which is otherwise required in order to comply with law, regulation, or executive order, or required by Federal, State, or local government contract, or which the Attorney General determines to be essential for an employer to do business with an agency or department of the Federal, State, or local government."
Even HN darling SpaceX requires US citizenship.
The fact that the USA has a law which ensures easy foreign access to American trade secrets is... exactly backwards. In any case, it doesn't apply.
But, yes, of course companies have no choice but to exclude non-citizens from jobs that require a security clearance, because getting a clearance requires citizenship.
> (C) discrimination because of citizenship status which is otherwise required in order to comply with law, regulation, or executive order, or required by Federal, State, or local government contract, or which the Attorney General determines to be essential for an employer to do business with an agency or department of the Federal, State, or local government.
You're violating federal labor law. Specifically, the Immigration and Nationality Act (INA), 8 U.S.C. § 1324b.
"Employers may not treat individuals differently based on citizenship or immigration status. U.S. citizens, recent permanent residents, temporary residents, asylees and refugees are protected from citizenship status discrimination."
Friendly intro: https://www.justice.gov/crt/types-discrimination
If anyone applies for this job and is denied based on citizenship status, here's where to file a charge: https://www.justice.gov/crt/filing-charge