Local Employment Recruitment Policy.pdf - ICASS

Local Employment Recruitment Policy 

Local Employment Recruitment Policy Guidebook 1 

Revised: November 2007

Policy Statement………………………………………………….……………………….4 

Other Agencies under Chief of Mission Authority …………………………………...….6 

ROLES 

Role of Agency Head or Section Chief ……………………………………………...….7 

Role of the Supervisor or Selecting Official ………………………………………...….8 

Role of the Human Resources Office ………………………………………………..….10 

Role of the Post Employment Committee (PEC) …………………………………..…13 

Role of the CLO ……………………………………………………………………...….15 

HIRING 

Emergency Hiring Situations .……………………………………………………..….…16 

PSA-Limited ………………………………………………………………………..….17 

Priority Placement …………………………………………………………………..…...18 

Prohibitions ...………………………………………………………………………...….20 

Nepotism ..…………………………………………………………………………..…...23 

ADVERTISING and APPLICATIONS 

Developing the Recruitment Strategy and Creating the Vacancy Announcement . …....26 

Advertising – Strategy and Process ...……………………….………………………......32 

Application Review Process..……………………………………………………….…...34 

Application Review Process Flow Chart ……………………………………………......38 

Applications from Candidates Currently Residing Outside of the Host Country……....39 

Consideration of In-House Applicants ………..………………………………………...41 

Accepting Applications ……………………………………………………………….....43 

Forwarding Qualified Applications to the Supervisor for Review...……..………..….…45 

INTERVIEWS 

Scheduling the Interview .…………………………………………………………….…47 

Obtaining Additional Paperwork Prior to the Interview ………………………………..49 

Testing Candidates Prior to the Interview …………………………………………..…..51 

Interviewing – US Citizen EFMS and US Veterans ………………………………...….53 

Interviewing – Non-Preference Candidates …………………………………………….55 

Interview – Format and Tips ……………………………………………………………57 

Legal vs. Illegal Inquiries in Interviews ……………………………..………………….62 

HIRING PREFERENCE 

US Veterans and US Veterans Preference ..………………………….………………….65 

US Citizen EFM and US Veterans Hiring Preference and How to Apply It...………….66 

Qualifications of an Applicant that Exceed the Advertised Requirements …..…………69 



Post Employment Committee (PEC) ..…………………………………………………..71 

HIRING PREFERENCE (continued) 

PEC – When More than one US EFM or Veteran is Being Considered.………………..74 

Checking References ...………………………………………………………………….81 

US Selective Service Registration ...…………………………………………………….82 

US Citizenship and Legal Permanent Resident (LPR) Status …………………………..83 

Determining Residency ………………………………………………………………….85 

Sample PEC Memorandum – When One Preference Candidate Applies ...…………..…86 

Sample PEC Memorandum – When Two or More Preference Candidates Apply ...…....87 

Sample PEC Memorandum – Non-Selection of a Preference Candidate ……...….…….89 

Staffing Positions at the Training or Developmental Level ..……………………………91 

SELECTION 

Notifying Candidate of Selection ………………………………………………………..96 

Sample Letter to Applicant Who is Not Eligible ……………………………………….98 

Sample Letter to Applicant Who Does Not Meet Qualifications ………………………99 

Sample Letter to Candidate Interviewed but not Selected …....……………………….100 

Sample Letters to Candidate Interviewed and Selected .………………………………101 



POLICY STATEMENT 

Consistent with Sections 203, 206, 303, 408, and 501 of the Foreign Service Act of 1980, 

the Department of State, in consultation with participating agencies under Chief of 

Mission authority, will develop and administer an equitable employment system for all 

Overseas Employees abroad, using joint Local Compensation Plans for Ordinarily 

Resident (OR) employees. 

This recruitment guidebook is written for HR personnel, members of the Post 

Employment Committee, and supervisors and selecting officials as a roadmap to 

recruitment success. It seeks to foster a collaborative process between HR and 

supervisors and selecting officials that will result in staffing all positions with fully 

qualified candidates while adhering to Federal law, host country law, and 3 FAM 

regulations. 

The Local Employment HR management system (including Foreign Service Nationals, 

other locally employed staff, and Family Member employees) is a rank-in-position 

system. Positions designated under this system are excepted from the competitive 

service. Position classification shall be established without regard to Chapter 51 of Title 

5, US Code (See Sec. 501 of the FS Act of 1980). 

The Local Employment Recruitment policy provides a uniform and equitable interagency 

system that assures positions are staffed with qualified individuals, giving appropriate 

consideration to US Citizen Eligible Family Member (USEFM) Preference, Veterans 

Preference, and Equal Employment Opportunity (EEO) objectives. 

The Department of State provides equal opportunity and fair and equitable treatment in 

employment to all people without regard to race, color, religion, sex, national origin, age, 

disability, affiliation, marital status, or sexual orientation. The Department of State also 

strives to achieve equal employment opportunity in all personnel operations through 

continuing diversity enhancement programs. The EEO compliant procedure is not 

available to individuals who believe they have been denied equal opportunity based upon 

marital status or political affiliation. Individuals with such complaints should avail 

themselves of the appropriate grievance procedures, remedies for prohibited personnel 

practices, and/or courts for relief. 

Human Resources personnel should be aware that engaging in prohibited discriminatory 

conduct in the recruitment process will subject them to disciplinary action. 

Selection is based on the full performance level (or, as appropriate, training or 

developmental level) of the position, required qualifications that include education, 

experience, language, training, skills, and knowledge that an applicant must meet to 

effectively perform the duties of a position. Consistent with organizational needs and 

individual capabilities, employees will be given opportunities for advancement and 



effective application of their skills. The principles of equity and competition apply 

equally to initial appointments and to in-service hiring. 

Selection for employment, promotion, or reassignment is based on qualifications and 

merit, with appropriate consideration given to eventual nepotism, conflict of interest and 

budget factors. Mission HR may hire Locally Employed Staff after receiving the 

requisite security and any required medical clearances provided such employment is done 

within authorized employment ceilings and budgetary limitations. 

AGE: A minimum age requirement ensures that applicants have the maturity necessary 

for successful job performance and that Federal Government hiring practices are not in 

conflict with the general objective of encouraging students to complete their basic 

education. 

Applicants for any position advertised under this policy must be at least 18 years old. 

For information on age requirements for the Overseas Seasonal Hire Program and 

Foreign National Intern Program, see the HR/OE website at: 

http://hrweb.hr.state.gov/prd/hrweb/oe/Employee_Types_Mechanisms/employee_types.h 

tml 



OTHER AGENCIES UNDER CHIEF OF MISSION AUTHORITY 

Agencies under Chief of Mission (COM) authority that have signed the Memorandum of 

Agreement (MOA) that delegates State’s Personal Services Agreement authority for 

staffing locally recruited positions follow this recruitment process, including application 

of the US Citizen EFM and US Veterans Hiring Preference. 



ROLE OF AGENCY HEAD OR SECTION CHIEF 

The role of the Agency Head or Section Chief is to provide managerial oversight of the 

recruitment process in coordination with HR and agency headquarters, if appropriate. 

This will include, but is not limited to: 

1. Obtaining Chief of Mission authorization to increase staffing either through the 

NSDD-38 process (if employing under a direct hire appointment), or through written or 

documented verbal concurrence (if using a Personal Services Agreement or Personal 

Services Contract) for all new positions. (See 03 State 83722, COM Authority Over and 

Responsibility for Other than Full-Time, Permanent, Direct Hire Personnel; and 99 State 

97691, NSDD-38 – Strengthened, Streamlined Process Tied to Mission Performance 

Plans) 

2. Assessing funds availability from both the American pay plan and Local 

Compensation Plan (in consultation with agency headquarters, as necessary). 

3. Coordinating with the position supervisor, as necessary, to verify that the Position 

Description is current, accurate and is on the Interagency Post Employee Position 

Description Form (DS-298). 

4. Coordinating with the position supervisor, as necessary, to verify that a Position 

Description (PD) and Job Discussion Help Sheet (JDHS) for CAJE evaluation is 

completed for submission to Human Resources. 

5. If Agency Head, serving as liaison with Washington headquarters on recruitment 

issues, including but not limited to the hiring authority, American pay plan grade, and 

benefits for employees paid under an American pay plan. The Agency Head may 

delegate this responsibility as appropriate to a US direct hire administrative professional 

of that agency. 



ROLE OF THE SUPERVISOR OR SELECTING OFFICIAL 

The American or LE Staff supervisor, or other selecting official, if applicable, is actively 

involved in the recruitment process from start to finish. The supervisor or selecting 

official has the primary responsibility to make sure positions are staffed with qualified 

candidates and without the appearance of favoritism or pre-selection. 

The supervisor or selecting official makes the selection based upon a full review of the 

candidate’s qualifications and skills, maintaining first consideration for preference 

allotted to qualified US Citizen EFMs and US Veterans. 

The Supervisor or Selecting Official: 

Establishes the Need to Recruit 

--Notifies the Human Resources office when it is clear that a position will become 

vacant. Doing this allows timely and effective recruitment procedures (announcement, 

interviewing, selection, and employment processing) and avoids needlessly long 

vacancies. 

--Works with the employing section/agency to identify the areas of recruitment 

consideration (i.e., restricted to US Citizen EFMs; or in-house advertisement only; or 

open to all sources). 

Reviews the Position Description 

--Reviews the Position Description to confirm the Basic Function of Position (Block 13) 

accurately describes the overall scope of the position in two to four sentences. This 

statement is used to describe the position in the Vacancy Announcement. 

--Reviews the Position Description to make sure the qualification requirements (Block 

15) accurately reflect what is required of a newly hired employee, with special emphasis 

on the education, prior work experience, and language requirements. Ensures that the 

education, prior work experience, and language qualifications are listed as required at the 

level appropriate to position functions. 

--Submits an updated Position Description on the Interagency Post Employee Position 

Description (DS-298) and a Job Discussion Help Sheet (JDHS) for CAJE evaluation if 

there are significant changes in the position, or confirms in writing that the current PD 

and JDHS are accurate and current. 



Preparing the Vacancy Announcement 

--In consultation with HR as needed or required, selects the 3-6 primary or essential 

requirements of the job from the DS-298 for advertising (keeping in mind that HR may 

only advertise skills requirements listed on the DS-298 as a REQUIREMENT). 

Education and language requirements must included on the Vacancy Announcement as 

individuals without the requisite education level or language skills often experience 

problems successfully performing the assigned duties of the position. Substitutions – 

e.g., education for prior work experience -- are not allowed on the Vacancy 

Announcement, even though they may be a part of the Position Description. There is no 

exception to this policy allowing substitutions. 

Conducting the Interview and Making a Selection 

--Participates in the interview process by asking questions of applicants in the 

supervisor’s area of expertise (e.g., medical, information management, financial 

management), or identifies a Subject Matter Expert (SME) to ask these questions. 

--Selects the candidate for the position, subject to section or agency head concurrence. If 

a US Citizen EFM or US Veteran is being considered, recommends the candidate for 

selection depending upon consultation with and the concurrence of the Post Employment 

Committee. 



ROLE OF THE HUMAN RESOURCES OFFICE 

The Human Resources Office administers the recruitment policy at post, including but 

not limited to following the HR/OE standardized recruitment process, providing liaison 

with supervisors, and serving as technical advisor to the Post Employment Committee. 

HR is responsible for making sure all positions are staffed with qualified personnel while 

following US law and host country law (to the extent possible), current State Department 

3 FAM regulations, and this standardized recruitment process. 

The Human Resources Office: 

--Validates the authority to hire. Verifies that the position is approved for staffing 

through either the NSDD-38 process (for direct hire positions) or Chief of Mission 

approval (for all other non-direct hire positions). This is done in consultation with 

agency and section heads, as appropriate. 

--Verifies that the Financial Management Office, or appropriate agency headquarters 

through the head of the agency at post, has reviewed and accepted the funding levels on 

the FSN and American pay scales. 

Position Description (PD) 

--Verifies that the supervisor or selecting official has reviewed the PD and that it on a 

DS-298, including those where recruitment is restricted to US Citizen EFMs, and that: 

--The duties, responsibilities, and requirements of the job are clearly and completely 

defined and listed as requirements. 

--The Basic Function of Position (Block 13) is accurately and clearly noted in two to four 

sentences (to describe the position in the Vacancy Announcement). 

--The qualification requirements (Block 15) are accurately and specifically noted, with 

special attention given to the education, prior work experience, and language 

requirements. Education, prior work experience, and language REQUIREMENTS must 

appear on the DS-298 for every job as these are all elements of the CAJE evaluation that 

are credited and help determine the full performance level grade of the job. 

If the supervisor changes the education or language requirements of the job, the 

supervisor at that point creates a new position, and HR needs to CAJE the position and 

assign it a new position number and job title. EXCEPTION: If the supervisor lowers the 

education or language requirements because they are excessive (too high) for the 

assigned work and does not make any changes to the duties and responsibilities of the 

position, then a new position is not created. HR still has to CAJE the position, but does 



not have to advertise the position. If the CAJE evaluation lowers the grade of the job, it 

is considered involuntarily and the current incumbent is entitled to grade retention. 

If, however, the supervisor takes away significant duties and responsibilities of the 

position that also results in lowering the education or languages requirements, then a new 

position is created, and HR will need to assign it a new position number and job title. 

If the supervisor makes significant changes to the Position Description and Job 

Discussion Help Sheet that require a revision to the current CAJE evaluation and the 

CAJE evaluation moves the job from one series (for example, FSN-120) to another series 

(for example, FSN-305), then the supervisor has at that point created a new position, and 

HR needs to assign it a new position number and job title. 

--Obtains confirmation from the supervisor that the PD and Job Discussion Help Sheet 

(JDHS) are accurate and current. If the PD and JDHS are not current, the supervisor 

submits a new or revised PD and JDHS for CAJE evaluation. 

--Verifies the title, series, and grade of the position. 

Vacancy Announcement 

--Prepares the Vacancy Announcement using the HR/OE Model Vacancy Announcement 

and follows the prescribed format and guidance. (See Topics: 1) Prohibitions; and 2) 

Developing the Recruitment Strategy and Creating the Vacancy Announcement) 

Application Review 

--Reviews all applications for eligibility to apply and then screens each application 

against position requirements on the Vacancy Announcement, referring only qualified 

applicants to the position supervisor. 

Please Note: If one or more of the qualified applicants is a US Citizen EFM or US 

Veteran, HR must forward only the applications of the US Citizen EFM and US Veteran 

candidates to the supervisor of the position for review. 

Interviewing 

--Schedules all interviews and, whenever feasible, joins the supervisor or Subject Matter 

Expert (SME) in conducting the interview. 

--Assists the supervisor in structuring the interview process and developing technical 

questions; advises supervisors on how to avoid prohibited questions. 

Employment Processing 



--Notifies the successful candidate for employment. As appropriate, notifies non-selected 

applicants regarding the outcome of the recruitment. 

--Processes the hiring of new employees. 

--Maintains recruitment files. 



ROLE OF THE POST EMPLOYMENT COMMITTEE (PEC) 

The Post Employment Committee (PEC) ensures the proper application of the US Citizen 

EFM and US Veterans Hiring Preference is applied. 

The PEC: 

--Meets whenever qualified US Citizen EFMs or US Veterans apply for a position and 

are considered for employment after all interviews are conducted. 

--Directs the CLO (representing the PEC) to sit as an observer in all interviews conducted 

when one or more US Citizen EFMs or US Veterans are deemed qualified by HR after 

screening, and referred for an interview. If non-preference candidates are also being 

considered for the recruitment, the CLO attends those interviews. In the absence of the 

CLO, the PEC requests another of its members to sit as an observer on all interviews for 

the position. 

--Ensures that the US Citizen EFM and US Veteran Hiring Preference is properly 

applied. This may include a review of all management considerations in selecting the 

candidate such as budget constraints, dual nationality, conflict of interest, nepotism, post 

morale issues, continuity in certain section or agency positions, work permits and visa 

status. 

--Sustains the selection or non-selection of the US Citizen EFM or US Veteran as 

proposed by the supervisor or selecting official. In cases of conflict, the PEC and 

supervisor cooperate to reach a mutually agreeable decision. They may consider, among 

other options: 

A. Further discussion of the qualified candidates and/or a joint review of the 

application materials. 

B. A second round of interviews by HR, the supervisor/selecting official, and the 

CLO (representing the PEC) or other designated PEC member. 

D. A second round of interviews by HR, the supervisor/selecting official, and the 

entire PEC Committee. 

--Documents each hiring decision in a memorandum to the Front Office. HR provides 

the format of the memorandum. If the PEC Chairperson requests, HR assists in 

composing the memorandum. (See Topics: PEC; and PEC Memoranda) 



--Interviews collectively and selects the candidate for the Community Liaison Officer 

(CLO) position and conveys that selection to the Front Office for concurrence. 



ROLE OF THE CLO 

The CLO advocates for family member employment at post. The CLO works 

independently and with HR to make sure employment opportunities are available to 

family members and that they are encouraged to apply. The CLO assists family members 

in targeting their skills and abilities to advertised vacancies. The CLO also serves as a 

non-voting member on the Post Employment Committee (PEC). 

Please Note: 

A. Two US Citizen EFMs working as co-CLO in a job-share position may alternate on 

the PEC. The objective is for family members in the community to have their advocate 

included. 

B. Administrative Assistants (or “FAUX” CLOs) working in the CLO Office may not 

serve on the PEC. 

The CLO: 

--Serves as a non-voting member of the Post Employment Committee. 

--Makes sure all family members (US Citizen EFMs, EFMs) and Members of Household 

(MOH) are given opportunities to apply for locally recruited positions at the Mission, 

e.g., by: 

a. Working closely with HR to ensure that all vacancies are advertised as widely as 

possible within the Mission community. 

b. Making sure that family members are aware of current vacancies by providing 

Vacancy Announcements. 

c. Assisting family members (US Citizen EFMs, EFMs) and Members of Household 

(MOH) seeking employment in country. 

--Serves as the PEC representative and observes all interviews conducted during 

recruitment for a position when one or more US Citizen EFMs or US Veterans are 

referred for an interview. This will also include non-preference candidates for the 

recruitment, when the PEC agrees to open interviews to this category. 

--Provides feedback to HR and Management regarding the effectiveness of family 

member employment. Identifies and helps post management develop solutions to 

improve family member employment opportunities. 



EMERGENCY HIRING SITUATIONS 

In the case of a bona fide staffing emergency, HR may hire: 

1. An Appointment Eligible Family Member (AEFM) non-competitively under a 

Temporary Appointment; or 

2. Anyone else non-competitively under a PSA. 

This means HR can hire the individual without posting a Vacancy Announcement and 

conducting a formal recruitment. The individual must meet the education and language 

requirements of the position as contained in the Position Description (DS-298). 

AEFMs 

The appointment is for a maximum of 21 calendar days. HR may not extend or renew the 

appointment and it must terminate after 21 calendar days. (Conversion to a new FMA or 

Temporary appointment without a break in service after a competitive recruitment and 

selection process counts as a termination of the emergency Temporary appointment.) 

There is no exception to this policy. These appointments are made according to proper 

security clearance procedures. 

For additional guidance on emergency hiring of AEFMs, contact the appropriate regional 

or functional bureau (e.g., NEA/SC/EX) Family Member Employment Coordinator. 

All Other Individuals 

The employment is for a maximum of 21 calendar days. HR may not extend or renew the 

PSA and it must terminate after 21 calendar days. There is no exception to this policy. 

The hiring is made according to proper security clearance procedures. 

For additional guidance on emergency hiring of individuals under a PSA, contact the 

International HR Manager in HR/OE/HRM. 



PSA-LIMITED 

Ref: Local Employment Policy Guidebook, Topic: PSA-Limited 

Most posts need to hire local staff for short periods of time for casual labor, to staff 

temporary staffing needs, emergency needs, or other short-term staffing needs. The PSA- 

Limited, using form DS-1990, is offered to provide posts with a way to legally employ 

individuals for brief periods of time up to a maximum of 30 work days per calendar year. 

State and other agencies that have signed the MOA delegating State’s PSA authority to 

that agency may use the PSA-Ltd. (See the HR/OE website for the listing of agencies 

delegated State’s PSA authority.) 

HR may not hire US citizens and Legal Permanent Resident Aliens (i.e., “green card 

holders”) under the PSA-Ltd as both categories of applicant are subject to US taxation 

and the Mission’s Financial Management Office (FMO) does not have the capability to 

make those deductions from compensation. 

HR may use a PSA-Ltd to employ on an emergency basis for periods of 21 or fewer 

consecutive days without a formal Vacancy Announcement when qualified individuals 

are available. However, if a subsequent PSA-Ltd hire is envisioned for the same 

employee, post should understand that the employee may only serve up to the PSA-Ltd 

annual maximum 30 days, regardless of the number of agreements executed. 

HR may want to develop a list or register of individuals that have skills and abilities in 

various areas (e.g., driving, interpreting, labor, secretarial) that post HR can easily contact 

when a need for short-term labor arises. 



PRIORITY PLACEMENT 

There are three instances when HR may place a current employee into a vacant position 

without going through the recruitment process: 

A. REDUCTION IN FORCE (RIF), in cases where current employees would otherwise 

be terminated. This priority placement is for current employees who are facing a possible 

RIF, not for rehiring formers employees previously RIF-ed by the Mission. The priority 

placement must occur before Mission management begins a RIF. 

B. MEDICAL REASONS, in cases where there is a documented medical condition that 

prevents the employee from performing the duties and responsibilities of the current 

position without endangering him/herself or other Mission employees. (Example: 

Chauffeur who is diagnosed with epilepsy and who may no longer drive without 

endangering passengers because of the risk of a seizure.) 

C: EXIGENT CIRCUMSTANCES, in cases due to circumstances that are not 

performance related. An example of this would be the ongoing harassment of an 

employee and/or relatives from outside sources due to the employee’s assigned duties and 

responsibilities, or the position held at the Embassy. Priority placement under exigent 

circumstances is authorized by HR/OE on a case-by-case basis. HR submits full 

justification to request authorization of the priority placement to the appropriate 

HR/OE/HRM International HR Manager. The HR/OE/HRM authorization becomes part 

of the employee’s Official Personnel File (OPF). 

Moving an employee into a vacant position without going through the recruitment 

process under Reduction in Force, medical reasons, or other exigent circumstances is 

called Priority Placement. HR may “priority place” an employee only in a newly created 

or vacant position at the same or lower full performance level grade. Employees may not 

be priority placed into a higher graded position. If the position is at a lower grade, the 

priority placement is considered voluntary by post and the employee. Therefore, the 

employee is not entitled to grade retention, saved rate, or frozen grade and step. 

The newly created or vacant position is one that post management believes the employee 

can be expected to perform good or better after completion of any on-the-job or formal 

training necessary over a one-year period. The employee must/must meet the education 

and language requirements of the new position. Otherwise, HR may not make the 

priority placement. 

The newly created or vacant position into which the employee is priority placed may be 

in any section of the Embassy. However, HR must exercise caution in priority placing 

employees between agencies as the conditions of employment and/or employee benefits 

may vary. 



HR documents the priority placement in a memorandum and includes it in the 

employee’s Official Personnel Folder (OPF) with other appropriate documentation (e.g., 

medical diagnosis, RIF register). HR may also wish to establish a subject file entitled 

“Priority Placement” to keep a reference for all priority placements executed at post. 



PROHIBITIONS 

Supervisor or Selecting Official 

--Shall not pre-select internal or external candidates for vacant positions, or give the 

appearance of pre-selection or favoritism of any in-house or external candidate prior to, 

or during the recruitment process. Disgruntled applicants who are not chosen for 

positions may and often do file complaints with their agency’s EEO office, IG, the Office 

of Special Counsel, or their union alleging they were not selected for the vacancy because 

of pre-selection. If a complaint is substantiated, managers may be disciplined. 

In order to avoid these kinds of claims, the supervisor or selecting official should 

concentrate on his/her role in the selection process and avoid individualized attention to 

any of the applicants. Avoid providing any input or taking any actions to tailor a 

Vacancy Announcement to match the skills of any particular person, and don’t share 

details about it with any potential candidate until it is issued. The supervisor or selecting 

official shouldn’t recommend or encourage any particular person to apply for the 

vacancy. Instead, the supervisor or selecting official must refrain from doing that 

altogether, or from making a general announcement about the job to everyone in the 

office. The supervisor or selecting official should also not discourage or dissuade anyone 

from applying. 

The supervisor or selecting official must not meet one-on-one with any applicant about 

the position either before or during the selection process, unless the supervisor or 

selecting official is interviewing the applicant. 

--Should take great care when changing requirements (notably education, work 

experience, and language) immediately prior to recruitment in such a way that might give 

the appearance or perception of tailoring the duties and responsibilities and/or its 

requirements to a specific individual. Work requirements must reflect the skills and 

knowledge required to exercise position functions according to the objectives of the 

organization. 

--May not review the applications of those deemed by HR as ineligible or not qualified 

(even if the applicant is a current Mission employee and possibly in the same section as 

the advertised vacancy). However, the supervisor or selecting official may request a 

second screening by the DCM (or his/her designee) in the Management section if the 

supervisor or selecting official believes the screening process was tainted by bias or is 

otherwise in violation of the State Department’s Equal Employment Opportunity policy. 

The supervisor or selecting official may be present as an observer during this second 

screening. 



--No supervisor or selecting official makes an offer of employment, or promises or 

guarantees a starting salary, grade, step, or any compensation and benefits package to 

internal (in-house) or external applicants. 

--HR must not advertise, nor may any supervisor or hiring official authorize, any 

compensation or benefit from an American pay plan that has not been authorized by the 

appropriate Washington headquarters office (e.g., State regional bureau, HR/RMA, 

HR/ER, HR/OE, agency headquarters). 

“Moving” or “Reassigning” Current Employees Between Mission Positions 

--HR or the supervisor may not temporarily or permanently “reassign”, or “move” current 

employees from one position to another, either in the same section or agency, or between 

sections or agencies at the Mission, as a way to, e.g.: 

1. Avoid addressing performance problems; or 

2. Solve interpersonal skills conflicts between the supervisor and employee, or 

between employees of the section or agency; or 

3. Bypass security clearance requirements for sensitive positions; or 

4. Resolve nepotism issues that may arise during employment; or 

5. Avoid recruitment and the proper application of the hiring preference. 

HR must advertise all positions using the Model Vacancy Announcement, except in bona 

fide emergencies. 

Vacancy Announcement 

--The Mission may not establish a post-specific policy that requires current employees to 

have either the written or verbal concurrence of their immediate supervisor before being 

eligible to apply for advertised positions within the Mission. 

--HR must not include any qualifications, skills or abilities that are not listed as 

“required,” “is essential,” or “must” on the PD in the Vacancy Announcement. 

--HR may not change nor omit the context/text of the Model Vacancy Announcement 

under “Additional Selection Criteria.” 

--Only US Citizen EFMs and US Veterans receive preference in hiring. HR may not 

expand the scope of hiring preference to include other categories of applicants. 

Post Employment Committee 



--The Post Employment Committee may not conduct application screening or reviews 

against the eligibility or qualification requirements of the position as contained in the 

Vacancy Announcement. 

--The Post Employment Committee may not rank order applications. 

(See Topic: Role of the PEC) 

Interview 

--No position is staffed without interviewing qualified applicants. The only exceptions 

are if the position is being staffed using priority placement, or in emergency hiring 

situations. 

Selection 

--The supervisor may not select, nor may HR hire, any applicant who does not meet the 

advertised requirements of the position on the Vacancy Announcement (at the training, 

developmental, or full performance level) and complete a successful interview. If after 

recruitment, there are no fully qualified applicants, HR advertises the position again. 

(See Topics: EMERGENCY HIRING SITUATIONS; PSA-LTD; and PRIORITY 

PLACEMENT) 



NEPOTISM 

Ref: 02 State 68683, Subject: Nepotism Considerations in Post Hiring Decisions 

98 State 184632, Subject: Anti-Nepotism Considerations for Employment of 

Family Members Abroad 

3 FAM 8300 

The law governing nepotism for all USG agencies is in 5 USC 3110. Relevant 

Department regulations are in 3 FAM 8300. 

In general, the law and regulations on nepotism provide that an employee may not 

appoint, employ, promote, advance, or advocate for appointment in or to a Department of 

State position any individual who is a relative of the employee. In addition, an employee 

may not exercise supervisory responsibilities with respect to a relative. Supervisory 

responsibilities include acting as a Rater or Reviewer on evaluation reports, giving 

detailed instructions on performance of work assignments, initiating disciplinary actions, 

preparing or approving Position Descriptions, or otherwise having a working relationship 

which gives the appearance of direction and control over the work or career of the other 

relative. 

For purposes of this policy, relatives are: father, mother, son, daughter, brother, sister, 

uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, sonin-law, 

daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, 

stepdaughter, stepbrother, stepsister, half-brother, half-sister, and any person who resides 

with the employee in US Government provided or subsidized quarters (other than 

legitimate domestic staff). 

Anti-nepotism rules apply equally to all American Foreign Service, Civil Service, 

uniformed service members and Locally Employed (LE) Staff under Chief of Mission 

authority, regardless of the employment mechanism (e.g., Personal Services Agreement, 

Family Member Appointment). 

The employment of relatives in the same area of an organization may cause conflict, give 

rise to claims of favoritism, and diminish morale. In addition to claims of partiality in 

treatment at work, interpersonal conflicts from outside the work environment can be 

carried into day-to-day working relationships. 

For purposes of this policy, an employee is any Foreign Service, Civil Service, uniformed 

service member, Personal Services Contractor, or LE Staff under Chief of Mission 

authority. 

The nepotism law covers employees in all agencies. The FAM provides the 

implementing regulations for State organizations and all agencies under Chief of Mission 



authority that have signed the Memorandum of Agreement to use State’s PSA authority 

to fill locally-recruited positions. Other agencies under Chief of Mission authority that 

exercise their own hiring authorities should have their own anti-nepotism regulations and 

guidance on how to avoid nepotism or the appearance thereof. 

Documentation is required on each case and is maintained in post’s Nepotism subject file 

and the employee’s Official Personnel File (OPF) if the nepotism review is approved and 

the applicant hired. 

US CITIZEN EFMS, NON-US CITIZEN EFMS, AND MEMBERS OF HOUSEHOLD 

A formal HR/OE nepotism review by front channel cable is required for US Citizen 

EFMs, non-US Citizen EFMs, and Members of Household according to guidance 

contained in 03 State 68683 and 3 FAH-1, H-8314 (Anti-Nepotism Review). 

HR may not hire the applicant until the results of the nepotism review is received from 

HR/OE/HRM. 

LOCALLY EMPLOYED STAFF 

Locally Employed Staff are subject to the same conditions of employment as US Citizen 

EFMs, non-US Citizen EFMs, and Members of Household, including a nepotism review 

at the Mission before hiring. The Chief of Mission normally delegates responsibility for 

the nepotism review to the Management Counselor or Management Officer. The 

determination of the Management Officer is final unless the Chief of Mission chooses to 

establish an at-post appeals mechanism. 

HR may hire relatives of persons currently employed by the US Mission only if the 

employed relative does not play a role in the hiring process and if appropriate supervisory 

safeguards are in place, ensuring, for example, that the new hire will not be working 

directly for, or supervising a relative, or occupy a position in the same line of authority 

within the organization. Therefore, HR may ask as part of the interview the names of any 

relatives currently employed by the USG. 

AFTER-HIRING NEPOTISM REVIEW IN THE EVENT OF A NEWLY DEVELOPED 

RELATIONSHIP 

If a relationship between any two employees develops at any time when both of them are 

under COM authority and the character of that relationship might lead a reasonable 

person to conclude that the relationship presented a risk or appearance of nepotism, then 

both parties to the relationship must immediately report the relationship to the Human 

Resources Officer, Management Officer, or Deputy Chief of Mission. 

1. If the relationship is between two LE Staff employees, then there are two alternatives: 



A. One of the LE Staff employees must resign his or her position within two weeks of the 

notification to HR or Management; or 

B. One of the LE Staff employees may request Leave Without Pay (LWOP) for one year. 

Management may choose to approve or deny the LWOP request at its discretion. 

If approved, the employee may apply for advertised vacancies within the Mission during 

the period of LWOP. If the employee has not secured another position within the 

Mission outside of the direct supervisory chain of command of his or her relative or 

household member by the end of the LWOP period, one of the two LE Staff employees 

must immediately resign from his or her position. 

If post management denies the request for LWOP, then one of the two LE Staff 

employees must immediately resign from his or her position. 

2. If the relationship after assignment is between a FS, CS, PSC, or uniformed service 

member under COM authority and a LE Staff employee, post submits a cable request for 

a nepotism review to the appropriate International HR Manager in HR/OE/HRM within 

one week of the notification of the relationship to post management. During the period 

that a direct supervisory relationship exists between relatives while the nepotism review 

is being conducted, the supervisory relative will not be involved in any personnel action 

involving his/her relative. First-level supervisory responsibility is referred to the next 

higher level in the supervisory chain of command. 



DEVELOPING THE RECRUITMENT STRATEGY 

AND CREATING THE VACANCY ANNOUNCEMENT 

Reference: Model Vacancy Announcement for advertising locally recruited positions on 

the HR/OE website 

To ensure transparency and equity and avoid eventual complaints, HR uses the most 

recent version of the HR/OE Model Vacancy Announcement to advertise and recruit all 

locally staffed positions for State and participating agencies. These models are available 

on the HR/OE website. 

If HR wishes to alter the format or content of the Model Vacancy Announcements in any 

way not covered by the accompanying instructions, HR first contacts HR/OE/PC and the 

HR/OE/HRM International Human Resources Manager for guidance and authorization. 

Key Points in Creating the Vacancy Announcement (VA) 

1. Area of Consideration: There are three ways to advertise a position. The supervisor 

decides if s/he wishes to restrict recruitment to: 

A. US Citizen EFMs only; or 

B. In-house LE Staff employees only (which includes US Citizen EFMs, non-US 

Citizen EFMs, and officially declared MOHs, whether or not currently employed 

at the Mission); or 

C. Open recruitment to all sources (All Interested Candidates). 

US Citizen EFMs and non-US Citizen EFMs officially assigned to post and listed on their 

sponsoring officer’s assignment notification may apply for advertised vacancies at the 

Mission in advance of their arrival and are considered “in-house applicants” provided HR 

receives the TM ONE or participating agency notification of assignment. 

2. HR must advertise all positions for a minimum of two weeks (14 days), except for 

positions that are filled under a PSA-Limited, or in a bona fide staffing emergency. (See 

Topics: Emergency Hiring Situations; and PSA-Ltd for additional guidance). 

3. The salary does not have to be listed on the Vacancy Announcement. However, if 

listed, it is recommended that HR list only step 1 of the American and FSN grades. 

4. Time limited positions – for example, a position that is only anticipated to last six 

months, or two years – are advertised as such so that applicants are aware that the 

employment is temporary. This information is included under a new header – “LENGTH 



OF APPOINTMENT” – immediately after the SALARY header on the Vacancy 

Announcement. 

HR only fills a time-limited position with an Ordinarily Resident if HR may terminate the 

incumbent without cause (without a reason) at the end of the temporary employment in 

compliance with local labor law. In many countries, advertising the job as time limited 

on the Vacancy Announcement meets the local labor law requirement and allows 

termination without cause. 

If HR may not fill the time-limited position with an Ordinarily Resident because local 

labor law does not permit termination of the incumbent without cause, even when the 

position is advertised as time-limited or temporary, then HR looks at using the PSA-Ltd 

to fill the position. HR may also contact the International HR Manager in HR/OE/HRM 

for assistance. 

5. Scope of Work: Do not list all the duties and responsibilities of the position. A 

summary of the scope of work (2-4 sentences) as taken from the Basic Function of 

Position of the DS-298 is normally sufficient. 

6. HR must advertise only REQUIREMENTS of the job as taken from Block 15 of the 

DS-298 Position Description. Each one must be stated as either “is required,” “is 

essential,” or “must.” HR may not include “desired” or “preferred” criteria on the 

Vacancy Announcement, even those these are often found in the Position Description. 

7. In order to keep the recruitment process manageable and focused without unduly 

limiting the applicant pool, advertise a minimum of 3 and a maximum of 6 requirements. 

Ideally, the requirements are a mixture of: 

A. Skills and abilities that HR may assess without subject matter expertise (e.g., 

education, prior work experience), and 

B. Skills and abilities that are assessed during an interview (e.g., subject matter 

expertise, the ability to work in a high stress, high productivity environment; the 

ability to work independently with little managerial oversight; the ability to 

manage multiple projects with different deadlines). 

The three most common skill requirements advertised for LE recruited positions are: 

--Education; 

--Prior Work Experience; and 

--Language. 

The education and language requirements listed in the Vacancy Announcement must be 

taken directly from the REQUIREMENTS section of the Position Description. The 

supervisor must list an education requirement of a bachelors degree or higher in a specific 



field(s) or area(s) of expertise. This is because all job requirements must directly relate to 

the duties and responsibilities assigned to the position. 

Correct: A bachelors degree in political science is required. 

Incorrect: A bachelors degree is required. 

Correct: Level III (Good working knowledge) Speaking/Reading/Writing Spanish is 

required. 

Incorrect: Spanish language is required. 

Correct: Level IV (Fluent) Speaking/Reading/Writing English is required. 

Incorrect: Working level English is required. 

The language designators are: 

Level I: 

Level II: 

Level III: 

Level IV: 

Level V: 

Rudimentary Knowledge 

Limited Knowledge 

Good Working Knowledge 

Fluent 

Professional Translator/Interpreter or Equivalent 

8. Supervisors and selecting officials must know the knowledge, skills and abilities 

required to perform the duties of a position under their oversight. However, HR may 

advertise only those skills and abilities that are a requirement of the position as contained 

on the PD (DS-298) under Blocks 15 and 16, ignoring the skills and abilities in the 

Position Description which have skills and abilities that are desired or preferred. If the 

supervisor wishes to advertise for an education, prior work experience, language, 

knowledge or skill set that is desired or preferred, the supervisor must first change the PD 

to make it a requirement. Only after this is done may HR include it in the Vacancy 

Announcement. 

In order to avoid establishment of an inappropriate applicant pool and the performance 

difficulties that inevitably arise from such an error, the supervisor or selecting official 

must tell HR which requirements (minimum 3, maximum 6 and taken from the PD) to 

include in the VA. This is done by E-mail, phone, or in a brief meeting with the HR 

employee handling the recruitment. 

The supervisor and HR make sure that the required qualifications are not so restrictive as 

to give the appearance of advertising for a predetermined candidate. 

HR may also ask the position supervisor to justify requirements that might appear 

excessive. Examples include, but are not limited to: 

A. A Masters degree required for a position that is predominantly clerical in scope and 

function; 



B. Prior work experience in excess of five years (as most incumbents with sufficient 

education and adequate language skills can learn and perform the job effectively within 

1-3 years for most positions); 

C. A language requirement for the host country language when the duties of the position 

involve little or no use of that language. 

A CAJE Crosscheck Report that is the result of the initial CAJE evaluation can identify 

excessive requirements for a position against the assigned duties and responsibilities. 

9. Substitutions for education and prior work experience, or for one skill set for another, 

while often found in Position Descriptions, may not be used in advertising positions. 

Correct: --A bachelors degree in political science is required. 

--Three years prior experience in political-related work within the host 

country is required. 

Incorrect: --A bachelors degree in political science is required. A high school diploma 

may be substituted if the candidate has six years of political related experience within the 

host country. 

--Three years prior work experience in political related work within the host 

country is required (if the candidate has a bachelors degree). Otherwise, at least six years 

of political related experience within the host country is required. 

Changing the Education or Language Requirements 

If the supervisor changes the education requirement of the position, the supervisor has at 

that point created a new position, and HR will need to assign it a new position number 

and job title. HR must then advertise the new position, even if currently encumbered. 

If the supervisor changes the language requirements of the position, the supervisor has at 

that point created a new position, and HR will need to assign it a new position number 

and job title. HR must then advertise the position, even if currently encumbered. 

EXCEPTION: If the supervisor lowers the education or language requirements 

because they are excessive (too high) for the assigned work, and the supervisor 

does not make any changes to the duties and responsibilities of the position, then 

a new position is not created. HR still has to CAJE evaluate the position, but 

does not have to advertise the position. If the CAJE evaluation lowers the grade 

of the job, it is considered involuntarily and the current incumbent is entitled to 

grade retention. 

If, however, the supervisor takes away significant duties and responsibilities from 

the position that also results in lowering the education or languages 



equirements, then the supervisor has created a new position, and HR will need to 

assign it a new position number and job title. 

HR confirms with the supervisor if lowering the education or language 

requirements of the position is because they are too high, or because significant 

duties and responsibilities are being removed from the position. 

SIGNIFICANT CHANGES THAT MOVE THE POSITION TO A NEW SERIES 

If the supervisor makes significant changes to the Position Description and Job 

Discussion Help Sheet that require a revision to the current CAJE evaluation, and the 

revised CAJE evaluation moves the job from one series (for example, Secretary, FSN- 

120) to another series (for example, Human Resources, FSN-305), then the supervisor 

has at that point created a new position, and HR will need to assign it a new position 

number and job title. HR must then advertise the position, even if currently encumbered. 

HR should counsel supervisors about the potential hazards of making changes to the 

education and language requirements of a position if the job is currently encumbered, as 

well as making significant changes to the duties and responsibilities of a currently 

encumbered position that could possibly move the position from one series to another 

based upon the revised CAJE evaluation. The supervisor could inadvertently be 

jeopardizing the continued service of a USG LE Staff employee by creating a new 

position that will need to be recruited. 

If the supervisor insists on making a change to either the education or language 

requirement of a currently encumbered position, or makes significant changes to a 

currently encumbered position that moves the position from one series to another, HR 

first consults local labor law and then consults with the supervisor on how to proceed in 

one of the following three ways: 

A. Proceed with advertising the newly created position if local labor law allows for legal 

termination without cause (without a reason) of a current LE Staff employee should the 

current incumbent not be qualified for the newly created position, or not be selected for 

the job. 

Or 

B. Advise the supervisor that local labor law does not allow terminating a current LE 

Staff employee without cause. Therefore, the revisions to the Position Description, (e.g., 

change in education, or change in language, or significant changes in assigned work), 

revised CAJE evaluation, and recruitment may not officially take effect until the current 

incumbent permanently separates from USG service by resignation, retirement, or other 

separation action. 

Or 



C. The current incumbent is kept in his/her current position and grade. HR establishes a 

newly created position based upon the changes the supervisor has made to the current 

Position Description and recruits for the position. The current incumbent may apply for 

the advertised position and, if fully qualified and selected, may encumber the position. 

The incumbent’s old position is then abolished. Or, if the current incumbent does not 

apply for the newly created position, or applies and is not qualified, or is not selected, the 

current incumbent is kept in his/her current position and the newly created position is 

filled with a fully qualified candidate. 

10. Management may elect not to list definitions of terms such as US Citizen EFM 

(USEFM), EFM, MOH, OR, and NOR on the Vacancy Announcement. HR may include 

some, all, or none of the definitions on the VA. 

11. The Selection Process and Additional Selection Criteria language must always be 

included on the Model VA. HR may not change or modify the wording. However, please 

note that Ordinarily Residents (ORs) hired with WAE work schedules are not subject to 

completion of a probationary period before applying for part-time or permanent positions. 

Not Ordinarily Residents (NORs) hired with a WAE work schedule are also not subject 

to the 90-day service in the WAE position before becoming eligible to apply for part-time 

or permanent positions. 

12. Jobs designated as sensitive by the RSO and therefore must have recruitment 

restricted to US Citizens should include this language under “ADDITIONAL 

SELECTION CRITERIA” on the VA and not under “QUALIFICATIONS REQUIRED:” 

“Candidates must be able to obtain and hold a (insert appropriate level) security clearance 

to be eligible for consideration.” 

HR may not advertise that a US Citizen candidate must already have a security clearance 

to be eligible for consideration. 



ADVERTISING – STRATEGY AND PROCESS 

HR must advertise all positions for a minimum of two weeks (14 days), except for 

positions filled under a PSA-Limited or in a bona-fide staffing emergency. (See Topic: 

PSA-Ltd for additional guidance). 

HR often advertises positions in several media (e.g., the Vacancy Announcement, local 

newspapers, radio, internet, television, magazines). More media mean larger audiences, 

and larger audiences usually mean more applications. Because HR must screen all 

applications received, it is critical for management to determine how widely the job needs 

to be disseminated prior to advertisement in order to attract sufficient eligible and 

qualified applicants. 

HR should always use caution in advertising vacancies on the Internet or Intranet, as this 

form of advertisement reaches a worldwide audience and often results in HR being 

flooded with applications. 

Following is a simple process that allows management to effectively target advertisement 

for each position to the appropriate applicant pool. 

First, the AREA OF CONSIDERATION is determined. The supervisor may wish to wait 

until s/he has selected the requirements of the position for advertisement before deciding 

the area of consideration 

Internal 

1. In-house candidates only: 

A. US Citizen EFMs only; or 

B. Current Employees of the Mission, US Citizen Eligible Family Members, Eligible 

Family Members (EFMs), and Members of Household – All Agencies 

US Citizen EFMs and non-US Citizen EFMs who are assigned to post via the sponsoring 

Foreign, Civil, or uniformed service member’s TM One or other official travel 

notification message and listed as an Eligible Family Member are considered in-house 

(internal) candidates for purposes of applying for vacant positions on or around their 

approximate time of arrival. 

For purposes of employment, in-house applicants include US Citizen Eligible Family 

Members, non-US Citizen Eligible Family Members, and Members of Household, 

whether or not currently working at the Mission. 



All locally recruited State sensitive positions requiring a security clearance should be set 

aside for primary staffing by qualified US Citizen EFMs, whenever possible. Although it 

is possible in some countries for a locally resident US Citizen to obtain a security 

clearance, it is the policy of the Department of State that any locally recruited position 

requiring a security clearance should be staffed by qualified US Citizen EFMs except in 

exigent circumstances. (02 State 128129) 

External (All Interested Candidates) 

1. In-country and worldwide recruitment; or 

3. Third Country National recruitment (as authorized by the appropriate regional bureau 

or hiring agency) 

Next, EXAMINE THE JOB. Focus on the required qualifications listed on the Vacancy 

Announcement. Look at unemployment and the overall work force in country, 

particularly as it pertains to the education, prior work experience, and language 

requirements of the job. 

HR shouldn’t automatically put the Vacancy Announcement on the Embassy website, or 

widely advertise using all sources. Many administrative, trades and crafts, and nonspecialized 

positions may yield a lot of applicants from a limited recruitment initiative. 

Conversely, specialized jobs with skills that may be difficult to find in country, or that 

require a high level of experience or expertise, may need to be advertised through several 

specialized sources to find sufficient qualified applicants (for example, employment 

agencies, professional journals, and local or national associations). Also, if management 

is attempting to address workforce diversity issues, it may be necessary to advertise in 

media that reach out to the desired target audience. 

Tailoring the advertisement to fit the position vacancy should save HR and the supervisor 

or hiring official a great deal of time and unnecessary work. 

HR may not keep a “current applications” file of applications submitted by candidates 

who were not selected for positions which may be “activated” for future vacancies, either 

by a HR determination or upon receipt of an E-mail or telephone call by the applicant 

requesting the application previously submitted be activated for a current vacancy. 

Applicants must submit a new application package for each advertised vacancy. This is 

extremely important since advertised positions contain different requirements must be 

specifically addressed by the applicant, and to insure full compliance with the US Citizen 

EFM and US Veterans hiring preference. See Topic: Accepting Applications for 

additional guidance on when HR can fill the same position (for example, Chauffeur) for 

up to six months with applicants who responded to the Vacancy Announcement. 



APPLICATION REVIEW PROCESS 

The Human Resources Office performs the initial review and screening of all applications 

to eliminate applicants that are: 

A) Ineligible; or 

B) Not Qualified (do not meet the advertised full performance or 

training level requirements of the job). 

If the HR employee assigned to screen applications believes there is a possibility of a 

perceived or actual conflict of interest, that individual recuses him/herself, and the HRO 

or Management Officer assigns someone else to conduct the initial review. Where local 

circumstances suggest it necessary in order to preclude claims of favoritism, post 

management may wish to mandate routine second screenings by another individual in HR 

or the Management Officer of all rejected applications. 

HR should take particular care that the review and screening process focuses on 

eligibility and qualifications with respect to position requirements. The supervisor, 

selecting official, Agency Head, DCM, or Ambassador may request a second screening 

of some or all applications if there is a perception that the State Department’s Equal 

Employment Opportunity policy has been violated. (See 01 State 79887). Specifically, 

applications may not be deemed as ineligible or not qualified based solely upon an 

applicant’s race, color, religion, sex, national origin, marital status, handicap, age, 

political affiliation, union or non-union affiliation, sexual orientation, or any other nonmerit 

factors. Human Resources personnel should be aware that engaging in prohibited 

discriminatory conduct in the recruitment process will subject them to disciplinary action. 

The supervisor or selecting official may designate a Subject Matter Expert (SME) from 

the section or agency to assist HR in the application review process. This is particularly 

helpful in the qualifications review. However, the SME must be available to screen all 

the applications received for the recruitment. 

HR will not forward to supervisors or selecting officials any applications from persons 

whom HR has determined to be ineligible for employment or unqualified for the position 

advertised. 

The review and screening process is divided into two parts: 

1. Eligibility Review and Screening; and 

2. Qualifications Review and Screening. 

Eligibility Review 



Eligibility review and screening includes, but is not limited to, the following: 

*A. Citizenship -- Naturalized citizen of the host country, or confirmation that the 

applicant has attached a copy of the required residency and/or work permit that permits 

the applicant to work legally in country. Documentation must be attached as a part of the 

application package before HR may screen the application against the requirements of the 

job as advertised. Otherwise, the application is deemed as “Not Eligible”, regardless of 

the applicant’s qualifications and skills. (See also Topic: Applications from Candidates 

Currently Residing Outside of the Host Country) 

*Missions that have implemented a policy to assist applicants who are non-nationals of 

the host country to obtain the required permits (e.g., residency, work) to work lawfully in 

the host country follow their published Mission policy. 

B. Probationary Periods -- Current in-house employee applicants serving a probationary 

period may not be considered for any advertised vacancies until they have completed the 

full probationary period. Their applications are deemed as “Not Eligible,” regardless of 

the qualifications and skills. Current in-house OR employees hired into positions with 

When Actually Employed (WAE) work schedules do not serve a probationary period and 

therefore are considered eligible for any advertised vacancies. There is no exception to 

this policy. 

C. Overall Summary Rating in EPR: Current Ordinarily Resident employees with an 

Overall Summary Rating (Section 3) of “Needs Improvement” or “Unsatisfactory” on the 

most recent Employee Performance Report (EPR) are not eligible to apply for advertised 

positions until the Rater documents overall performance as “Good” or better. There is no 

exception to this policy. 

D. Current US Citizen EFM employee-applicants and current PSA NORs who are within 

the first 90 calendar days of an FMA appointment or PSA respectively may not be 

considered for any advertised vacancies. Their applications are deemed as “Not 

Eligible,” regardless of the qualifications and skills. 

E. Current US Citizen EFM employee-applicants hired under a TEMP appointment are 

considered eligible to apply for positions within the first 90 calendar days of the TEMP 

appointment. 

F. Current PSA NORS hired into positions with When Actually Employed (WAE) work 

schedules who are within the first 90 calendar days of their PSA are considered eligible 

for any advertised vacancies. 

G. Hiring Preference: A notation in ink or marker at the top right hand corner of the 

application is made for US Citizen Eligible Family Member and US Veteran applicants. 

It is the responsibility of the US Citizen EFM or US Veteran to make sure that HR knows 

they are a candidate eligible for a preference in hiring. 



Applicants claiming US Veterans preference must provide a copy of their DD-214 with 

their application in order to be properly identified as a US Veteran entitled to a 

preference in hiring. An applicant indicating US Veteran status, but who does not 

provide a copy of the DD-214 should be given a reasonable period of time up to the 

closing date of the position to provide the paperwork to HR to be earmarked as a US 

Veteran entitled to a preference in hiring. HR’s decision regarding an applicant’s 

eligibility for the US Veterans hiring preference is final. 

H. Closing Date: Applications received in HR after the closing date (including those 

from in-house applicants) are received, but deemed as “Not Eligible” and may not be 

considered under any circumstance, regardless of the qualifications and skills of the 

applicant, or if the application is received from an in-house candidate working in the 

same section or agency as the position vacancy. 

I. Security Clearance: Positions designated as sensitive by the RSO must be filled by 

qualified US Citizens because of the need for a security clearance. 

Qualifications Review 

Qualifications review and screening includes, but is not limited to, the following: 

Screen each advertised requirement of the job against the applicant’s application package. 

HR must advertise a minimum of 3, but no more than 6 requirements. 

Important: In order to be qualified for the position, the applicant must meet all advertised 

requirements. For example, if the position requires three years prior work experience in 

visa work, then the applicant must have at least three years prior work experience in that 

area. Two years, ten months does not meet the requirement, and therefore, the applicant 

is not qualified and may not be interviewed. 

Important: In-house applicants must meet all advertised requirements of the job, even if 

the in-house applicant is applying for a position within his/her own section, or if the inhouse 

applicant has been assuming some or all of the responsibilities of the position 

during a staffing gap, or serves as back-up to that position, or has been crossed-trained 

for that position. 

Important: HR refrains from making determinations on candidates they believe are 

“over-qualified” for a position on behalf of the supervisor. HR may counsel supervisors 

or selecting officials on the possible drawbacks of hiring a candidate who appears 

significantly over-qualified for the advertised position. 



Upon completion of the qualifications review and screening process, HR should have 

three stacks of applications: 

A. ELIGIBLE/QUALIFIED: Applicants who meet the eligibility requirements and who 

meet the advertised requirements and may be referred for an interview; and 

B. NOT ELIGIBLE: Applicants who do not meet the eligibility requirements and may 

not be considered for the job; and 

C. NOT QUALIFIED: Applicants who do not meet the advertised requirements and are 

not qualified for the job. 



APPLICATION REVIEW PROCESS FLOW CHART 

Application 

YES 

Meets Eligibility 

Requirements? 

NO 

STOP. Place 

Application in ‘Not 

Eligible’ Stack 

Review 

Process 

Meet all Qualification 

Requirements that HR 

can access? 

NO 

STOP. Place 

application in ‘Not 

Qualified’ Stack 

YES 

Forward qualified applications to 

supervisor to review and select candidates 

for interview (HR may rank order a number 

of qualified applicants) 

HR schedules 

interviews 

Pass or 

Fail testing 

prior to 

interview? 

FAIL 

STOP. Does not pass. 

Place application in 

‘Not Qualified’ Stack 

LE Staff Recruitment Policy Guidebook 

Location: OE Shared: McCoy: 

Recruitment-4-032007.doc 

Revised: July 9, 2007 

34 

PASS 

Interview 

Applicant 



APPLICATIONS FROM CANDIDATES CURRENTLY RESIDING 

OUTSIDE OF THE HOST COUNTRY 

An applicant for employment at the Mission is entitled to the “right of consideration.” 

This means that HR must: 

1. Accept the application; and 

2. Look at it. (Review it for eligibility and qualifications) 

HR must accept applications from candidates that currently reside outside of the host 

country. HR then screens the application against the Area of Consideration on the 

Vacancy Announcement for eligibility (i.e., Is the job open to “All Interested 

Candidates?”) and then makes sure the candidate meets the other specific eligibility 

criteria by the closing date of the announcement in order to receive consideration for the 

position. This may include at the time of application: 

--Having residency in the country of hire 

--Being resident in the country of hire 

--Being non-resident (including US Citizen and non-US Citizen EFMs enroute to post) 

--Appropriate official work documents – work permit, or residency permit, or both the 

work permit and the residency permit, and (if appropriate) the required visa at the time of 

application 

--Security classification, etc. 

Generally speaking, the recruitment process must be open, fair, and equitable for all 

“eligible applicants”, as specified. 

Non-resident applicants must provide appropriate, verifiable documentation with their 

applications that demonstrate they have the right to live and work in the country where 

the recruiting post is located. HR may not screen the application of the non-resident 

against the requirements of the position if such documentation is not provided, or the 

documentation is insufficient to establish the applicant’s right to live and work in 

country. Post has to place the application in the “Not Eligible” stack, regardless of the 

applicant’s qualifications and skills. 

OFFICIAL DOCUMENTATION – The applicant must submit copies of all required 

documents with the application by the closing date of the Vacancy Announcement in 

order to receive consideration for the position, which may include the required work 

permit, residency permit, and/or visa at the time of application. HR may verify the 

documentation at the time of personal interview. 



The supervisor and HR still need to conduct interviews with non-resident applicants. The 

applicant either has to travel at his/her own expense for the interview, or HR and the 

supervisor or selecting official conduct a telephone or DVC interview with the applicant 

at a prearranged time. In the event of telephone or DVC interviews, HR verifies 

documents at the time of hire. HR makes no final offer without certifying the original 

and official documentation. Incomplete application packages are not considered. A 

Mission will not sponsor individuals to obtain work permits unless the Mission has a 

published policy providing this assistance to all applicants selected for a position. 

US Citizens interested in working abroad at US Foreign Service posts may also apply for 

positions via the US Department of State’s Office of Recruitment (See the HR/REE 

website for details on current openings and how to apply) or other USG agency 

headquarters recruitment offices. 

Under no circumstances will the Mission pay moving or other costs associated with a 

non-resident applicant’s candidacy for employment. 

If a non-resident applicant is offered employment, compensation is under the employing 

post’s Local Compensation Plan. Although non-resident in the sense these individuals 

are not actually living in the host country at the time application for employment is made, 

for purposes of compensation determination, they are determined to be Ordinarily 

Resident (OR) on the basis of their legal right to live and work in the country where the 

employing Mission is located. 

Off-Shore Recruitment (for Third Country Nationals) 

Ref: 3 FAM 7270 

With regional bureau or other agency authorization, HR may do “off-shore” recruitment 

if, despite the best efforts including Exception Rate Ranges (ERRs), etc., the Mission 

finds it can not identify qualified applicants within the host country as outlined in the 

guidance above. In those rare situations that fully justify a Third Country National 

(TCN) recruitment, post must readvertise the position open to: Third Country Nationals. 

The supervisor and HR must still conduct interviews with qualified applicants. 

If a TCN is selected, the Mission must pay for moving and other costs associated with 

employing the successful candidate. TCNs are compensated in local currency at the 

appropriate FSN grade of the position as evaluated by HR using CAJE. If post is unable 

to recruit for a TCN at the salary of the FSN grade, post may request an Exception Rate 

Range (ERR). See 01 State 196400, or the HR/OE intranet website. 

HR should fully coordinate TCN employment with the appropriate regional bureau, 

HR/OE/CM, and HR/OE/HRM. 



CONSIDERATION OF IN-HOUSE APPLICANTS 

Please Note: For purposes of employment, in-house applicants include US Citizen 

Eligible Family Members, non-US Citizen Eligible Family Members, and Members of 

Household, whether or not currently working at the Mission. 

Please Note: US Citizen EFMs and non-US Citizen EFMs officially assigned to post and 

listed on their sponsoring officer’s assignment notification may apply for advertised 

vacancies at post in advance of their arrival and are considered “in-house applicants” 

provided HR receives the TM ONE or other official notification of assignment. 

Please Note: It is the responsibility of the US Citizen EFM at the time of applying for a 

position to make sure that HR knows the candidate’s status as a US Citizen EFM entitled 

to a preference in hiring. 

Please Note: An applicant claiming US Veterans preference must submit the DD-214. 

HR’s determination regarding eligibility for the US Veterans preference after reviewing 

the DD-214 is final. 

Whenever possible, the supervisor should consider staffing vacant positions with current 

employees who are eligible to apply and qualified for the position (after an applications 

review/screening in HR and interviewing). Consideration should not be limited only to 

selections resulting in employee promotions. Lateral moves should also be considered 

where such action would provide growth opportunities and career development. 

When vacancies are staffed from within, benefits accrue to management as well as to the 

employee. The receiving office is assured of an employee who is already familiar with 

the Mission, its functions, administrative procedures, and one whose abilities and 

potential have already been assessed on-the-job. 

Current employees serving a probationary period may not apply nor be considered for 

advertised positions. 

Current employees with an Overall Summary Rating (Section 3) of “Needs 

Improvement” or “Unsatisfactory” on the most recent Employee Performance Report 

(EPR) may not apply nor be considered for advertised positions until the supervisor 

documents overall performance as “Good” or better. 

US Citizen EFMs within the first 90 calendar days of their current FMA appointment, 

and NORs within the first 90 calendar days of their current PSA agreement may not 

apply and be considered for advertised positions. 

US Citizen EFMS hired under a Temporary Appointment may apply and be considered 

for advertised positions within the first 90 calendar days. 



All other NORs within the first 90 calendar days of their current PSA may not apply and 

be considered for advertised positions, unless: 

A. The position is temporary (less than one year); or 

B. The position has a When Actually Employed (WAE) work schedule. 

Normally an employee must serve a minimum of 52 consecutive weeks in a grade before 

becoming eligible for promotion. (See 3 FAM 7576) 

(See also TOPICS: PRIORITY PLACEMENT; STAFFING POSITIONS AT THE 

TRAINEE OR DEVELOPMENTAL LEVEL) 



ACCEPTING APPLICATIONS 

An applicant for employment at the Mission is entitled to the “right of consideration.” 

This means that HR must: 

1. Accept the application; and 

2. Look at it. (Review it for eligibility and qualifications) 

HR accepts applications from all applicants that apply through the postal service, 

Internet, Intranet, FAX, in person, or any other application method that HR determines is 

an acceptable means of applying for positions. The screening for eligibility is critically 

important in determining whether the application receives further consideration. 

Eligibility factors that could eliminate consideration of an application by HR include but 

are not limited to: 

--The application is submitted from an applicant outside of the “Area of Consideration.” 

Example: A host country national applying for a position open to “US Citizen EFMs 

only.” 

--The application is from a current Ordinarily Resident (OR) employee currently serving 

a probationary period. 

--The application is from a current OR employee with an Overall Summary Rating 

(Section 3) of “Needs Improvement” or “Unsatisfactory” in the most recent Employee 

Performance Report (EPR). 

--The application is from an Appointment Eligible Family Member (AEFM) currently 

serving the first 90 calendar days of an FMA appointment. 

--The application is from a Not Ordinarily Resident (NOR) serving the first 90 calendar 

days of the Personal Services Agreement, unless: 

1. The NOR is in a temporary position (less than one year); or 

2. The NOR has a When Actually Employed (WAE) work schedule. 

--The application is received from a non-US citizen for a position that requires a security 

clearance, and recruitment was restricted to US Citizen EFMs only, or US Citizen EFMs 

and US citizens only. 

--The application is from a non-host country citizen Ordinarily Resident, and the 

applicant did not attach a copy of the required residency and/or work permit, or did not 



provide the official documentation to HR within the specified time after being contacted 

by HR. 

--The application arrived after the closing date of the position stated on the Vacancy 

Announcement. 

HR may not keep a “current applications” file (a file of applications submitted by 

applicants who were not selected for previous positions) that may be “activated” for 

future vacancies. Applicants must submit a new application package for each advertised 

vacancy. This is extremely important since advertised positions contain different 

requirements that the applicant must specifically address, and to insure full compliance 

with the US Citizen EFM and US Veterans hiring preference. 

Staffing the Same Position for Six Months Using One Vacancy Announcement 

This does not stop HR from keeping a roster of qualified applicants to draw from to fill 

future vacancies in the same type of position due to high turnover rates, or positions 

staffed with large numbers of individuals doing exactly the same job, e.g., chauffeur, 

guard, laborers. HR divides the roster into two sections: 

A. Applicants who were qualified on paper, interviewed, but not selected; and 

B. Applicants who were qualified on paper, but were not interviewed. (These individuals 

will still need to be interviewed and deemed fully qualified for the position.) 

HR may use this qualified roster of applicants and applications, kept by Vacancy 

Announcement Number and Position Title, to staff future vacancies in the same type of 

position for six months from the closing date of the original Vacancy Announcement 

without advertising the position again. 

However, six months after the closing date of the original Vacancy Announcement, HR 

must discard the roster of applicants and applications, advertise the position again, 

receive new applications, and create a new qualified roster of applicants and applications 

for use during the next six months. 

In summary: HR accepts all applications received and the reviews them for A) Eligibility; 

and, if eligible, B) Qualifications against the position requirements as stated in the 

Vacancy Announcement. Applicants who do not meet the eligibility criteria or position 

requirements for a particular Vacancy Announcement will have their applications placed 

in the “Not Eligible” stack, or “Not Qualified” stack, as appropriate. 



FORWARDING QUALIFIED APPLICATIONS 

TO THE SUPERVISOR FOR REVIEW 

HR forwards only those applicants who meet all the: 

A. Eligibility criteria; and 

B. Qualification requirements on the Vacancy Announcement 

to the supervisor or selecting official for consideration and possible selection for 

interviewing. 

HR may not permit the supervisor or selecting official to see the application(s) of any 

applicant(s) that HR has determined as not eligible, or not meeting the advertised 

requirements of the position. This rule applies even if the applicant is an internal 

candidate, or is an internal candidate and works in the same section as the advertised 

vacancy. A supervisor or selecting official who believes that the determination was made 

in error should engage the HR office’s chain of command. A supervisor or selecting 

official who believes that the determination resulted from bias should contact the 

Management Office or DCM. 

1. When there are qualified US Citizen EFM and US Veteran applicants: 

It is the responsibility of the US Citizen EFM or US Veteran at the time of applying for a 

position to make sure that HR knows the candidate’s status as a US Citizen EFM or US 

Veteran entitled to a preference in hiring. HR’s determination of US Veterans preference 

eligibility after reviewing the DD-214 is final. 

All US Citizen EFM and US Veteran applicants that meet the advertised requirements 

after the HR review and screening are referred to the supervisor or selecting official for 

an interview, regardless of the number. (HR marks the application in ink or marker in the 

upper right hand corner of the application package as a US Citizen EFM or US Veteran 

applicant.) HR may not refer applications from persons who are neither US Citizen EFM 

applicants nor US Veteran applicants at this point in the recruitment process. 

HR forwards the applications to the supervisor in the order of preference. This means 

HR sends the supervisor only the: 

A. Applications for US Citizen EFMs who are also US Veterans first. If a US Citizen 

EFM who is also a US Veteran is not selected, then: 

B. Applications of US Citizen EFMs, and applications of US Veterans (since their hiring 

preference is equal). If a US Citizen EFM or a US Veteran is not selected, then: 



C. Applications of non-preference applicants. 

US Citizen EFM and US Veteran applicants who do not meet all the requirements of the 

job as advertised are not referred for an interview under any circumstance. 

The US Citizen EFM or US Veteran has preference by law in hiring. If nothing negative 

about the applicant is discovered in the interview and all things are equal, the US Citizen 

EFM or US Veteran will receive preference over non-preference candidates. 

Non preference candidates are not considered until all US Citizen EFM or US Veteran 

applicants are eliminated from consideration. (See TOPIC: US Citizen EFM and US 

Veterans Hiring Preference and How To Apply It) 

2. When there are no qualified US Citizen EFM or US Veteran applicants: 

--HR either forwards all qualified and eligible applicants to the supervisor or selecting 

official for review and possible interview; or 

--With the concurrence or at the request of the supervisor or selecting official, HR rank 

orders the applications and forwards the “best qualified on paper.” The supervisor may 

choose to provide, at his/her discretion, a qualified Subject Matter Expert (SME) to assist 

HR in rank ordering applicants, especially if the job is in a field that requires specialized 

knowledge, and/or skills and abilities. 

After rank ordering, the supervisor or selecting official selects the final number of 

applications for HR to forward for consideration (e.g., the top 5, the top 10). It is 

important that HR ask the supervisor or selecting official about the number of 

applications to be reviewed (after the rank order process). The supervisor or selecting 

official then determines how many applicants s/he wishes to interview. Example: The 

supervisor or selecting official requests to see the top 10 candidates as rank ordered by 

HR. After reviewing the application packages, the supervisor or selecting official 

chooses to interview only 3 of the 10. 

Please Note: This rank ordering of applications is not a best-qualified list. This second 

HR screening (with the assistance of a SME, if required) is to identify, based solely on a 

paper review of the application, those applicants who appear on paper to be a good match 

for the position and therefore recommended for interview. 

Both HR and the supervisor or selecting official should understand that what often looks 

good on paper is not necessarily the case when it comes to the interview process. That’s 

why the interview is so important. 

Again, this screening process is done at Missions that consistently receive a large volume 

of applications for advertised positions that prevent forwarding all qualified applicants to 

the supervisor or selecting official for review and interviewing. 



SCHEDULING THE INTERVIEW 

Preference Candidates: The supervisor and HR must interview all qualified US Citizen 

EFM and US Veteran candidates, regardless of the number. The supervisor and HR must 

conduct interviews – in person, telephone, DVC – before any position is filled. 

Non-Preference Candidates: The supervisor or selecting official decides how many 

candidates are interviewed (e.g., 1, 3, 5). The supervisor and HR must conduct 

interviews – in person, telephone, DVC, -- before any position is filled. 

HR schedules all interviews in concurrence with the supervisor or selecting official. 

Things to Keep in Mind: 

--HR uses extreme care when contacting applicants, as they may not have informed their 

current employer of their intentions. If it is necessary to contact applicants during the 

day, no identification of the Mission or the reason for the call is made to a third person. 

--Instruct applicants to bring additional paperwork as required to complete their 

application package. Give them a reasonable period before the interview to obtain any 

additional paperwork not originally submitted in the application package, e.g., 

certification in a semi-skilled, skilled, or specialized field, a valid drivers license, 

education transcript. 

NOTE: The applicant must submit eligibility paperwork (e.g., work permit, residency 

permit) prior to the review and screening of the application against the requirements of 

the position as contained in the Vacancy Announcement. Applicants who have not 

submitted the required eligibility paperwork in the timeframe designated by HR are 

ineligible, regardless of qualifications. 

--Inform the applicant of any testing that will be done during the initial contact with the 

applicant to schedule an interview. Allow time to conduct the appropriate language, 

keyboard, or other testing. For large numbers of applicants, this may have to be done en 

mass at a separate date before the interviews are conducted. 

--Interviewing is an activity requiring intense concentration. Schedule interviews so that 

the interviewers have reasonable breaks, especially if the supervisor is going to conduct 

many interviews. 

Encourage applicants to arrive 10-15 minutes before the scheduled interview time. Give a 

point of contact in HR (name and telephone number or extension) to provide to the 



Mission receptionist or Post One. Advise applicants in advance of instructions and/or 

what they need to bring to enter the Mission compound (e.g., photo ID, letter from HR 

regarding the scheduled interview). HR arranges in advance entry and/or escort services 

for all applicants (e.g., written notification of names to RSO and Post One, a listing to the 

receptionist, an escort waiting at Post One). 

If HR and the supervisor prepare the questions in advance, a complete interview, unless 

recruiting for a highly specialized position requiring technical expertise, generally will 

last between 30-45 minutes. This includes time for preliminary conversation with the 

applicant to allow him/her to become comfortable in the interview setting and permits 

time for closing questions from the applicant. Finally, this time permits HR to discuss 

the specifics of employment with the candidate, including but not limited to 

compensation and benefits, pre-employment background checks and/or medical 

examination, probationary period, etc. As facilitator or interviewer, HR is responsible for 

monitoring the time of each interview and staying on schedule. 



OBTAINING ADDITIONAL PAPERWORK PRIOR TO THE INTERVIEW 

IMPORTANT: HR has the responsibility to request the documentation necessary to 

confirm a candidate’s eligibility or qualifications before the interview begins. 

Interviewing a candidate who cannot establish eligibility and qualifications creates strong 

potential for unfounded expectations and misunderstanding and should, therefore, be 

avoided. 

Eligibility Documentation: The candidate must provide eligibility documentation prior to 

the initial applications review and screening process performed by HR. Eligibility 

document is due to HR by the closing date on the Vacancy Announcement (when not 

submitted with the original application). 

Qualifications Documentation: May be provided on the date of the interview, although 

HR should make a reasonable effort to obtain this documentation in advance. 

If the candidate is unable to provide HR with the required qualification paperwork, then 

any scheduled interview does not take place. It may be useful for HR and the supervisor 

or selecting official to confer on whether to cancel the interview or postpone it. 

Eligibility Requirements 

Often a candidate will fail to submit paperwork required to establish the right to work at 

the time of application, e.g., the residency or work permit for non-nationals of the host 

country. The candidate must submit residency and work permits (as required) prior to 

any interview being scheduled. HR makes every reasonable effort to contact the 

applicant and request the needed documentation within the shortest time consonant with 

host-country communications realities. Many posts waive this procedure in hopes of 

hiring someone who looks well-qualified on paper, in some cases proceeding through the 

interview and selection, only to find their preferred candidate still promising to deliver 

the documentation on the day work is set to begin. Interviewing someone who cannot 

establish eligibility is a practice fraught with potential for wasting the time of busy USG 

employees and creating undue hiring delays. If the candidate, no matter how well 

qualified, does not submit required eligibility documentation within the time frame by 

HR, place his/her application in the “Not Eligible” stack. 

Please Note: Posts that have implemented a policy to assist applicants who are nonnationals 

of the host country to obtain the permits (e.g., residency, work) required to 

work lawfully in the host country should follow their published post policy. 



Qualification Requirements 

Often a candidate will fail to include paperwork that confirms the educational 

background, or certification of expertise in a semi-skilled, skilled, or specialized field. 

HR should give the candidate clear instructions on what documentation is required and 

on the submission deadline. 

Secondary School, or High School, or College Transcripts: In general candidates are 

responsible to submit evidence of academic credentials as requested by HR. Often 

receipt of educational transcripts takes time, anywhere from several days to several 

weeks. In rare cases, it may be impossible to obtain a transcript. Human Resources 

Offices should take account of local circumstances in determining whether to extend, or 

even waive, the deadline for submission of required paperwork. 



TESTING CANDIDATES PRIOR TO THE INTERVIEW 

Tests assess a candidate’s skills and may provide useful predictive information on 

prospects for effective job performance. Tests must be relevant to the duties of a 

position. Testing may only be done on requirements advertised in the Vacancy 

Announcement. HR may include the statement “This will be tested” after the advertised 

requirement on the Vacancy Announcement so that candidates know in advance that a 

particular skill or area is going to be assessed. 

The validity of a test may be called into question if it is not administered properly. Prior 

to giving any test, HR makes sure there is a suitable testing site, that all needed supplies 

and equipment are on hand, and that office or other equipment for use is in good working 

condition. 

Post should conduct language, keyboard, and other required testing prior to the interview. 

If many candidates are being considered, then HR may want to consider testing on one 

day and interviewing on another. If the two-day procedure is used, HR tells candidates in 

advance whenever possible, as candidates have to arrange for two separate visits to the 

Mission compound. 

If the candidate does not pass one or more of the required tests, then the interview is not 

conducted, as the candidate’s lack of qualification is established by testing, and there is 

no need for an interview. There is no exception to this policy. Whenever a candidate 

identified for interviewing by the supervisor or selecting official fails a test, HR tells the 

supervisor or selecting official. 

Testing is conducted equitably – that is, the test (whether for language or keyboard skills 

or safe driving) is standardized and administered in the same way to all applicants for the 

particular recruitment. 

Instructions are given clearly and concisely. HR or the Subject Matter Expert conducting 

the test confirms the applicant understands the instructions completely before beginning 

the test. 

HR should not ask supervisors or selecting officials to test candidates in any area other 

than a specialized area of expertise (e.g., information management, medical, financial 

management, firearms/weapons). Except in specialized areas, HR is responsible for all 

testing. The results of the testing become a part of the candidate’s application package. 

How Long Tests Are Valid 



All Mission-conducted test results administered by HR or the appropriate subject matter 

expert in an office or agency under Chief of mission authority, e.g., language, firearms, 

computer applications, are valid six months from the date the test was administered, 

unless new testing is required sooner because of licensing, certification, or other agency 

or host country requirements. 

All Mission-conducted test results are considered valid during this six-month period for 

applications submitted by the candidate for future vacancies. However, HR, in 

consultation with the supervisor or selecting official, as appropriate, has the discretionary 

authority to test applicants within this six month period, as long as the selection process 

continues to be conducted equitably without the appearance or perception of favoritism or 

pre-selection of any candidate. 

HR may consider requests by applicants for testing during the six month validity period 

on a case-by-case basis. Status as a US Citizen EFM or US Veteran who receives an 

official preference in hiring does not in and of itself entitle the applicant to receive a 

favorable response from HR to a request for additional testing within six months of the 

original test. The decision by HR to conduct an additional test, or to use the current valid 

results, is final. 



INTERVIEWING – US CITIZEN EFMS AND US VETERANS 

The supervisor or selecting official must interview all qualified US Citizen EFMs and US 

Veterans, regardless of the number. Interview participants include: 

--US Citizen EFM or US Veteran candidate 

--Supervisor or selecting official 

--American HR Officer, or senior LE Staff HR Specialist or Assistant* 

--CLO (representing the Post Employment Committee)** 

*Note: Whenever feasible and taking into account staffing restraints, an experienced HR 

official is present for all interviews of US Citizen EFMs and US Veterans to: 

A. Ensure that unauthorized commitments (e.g., “promise” or “guarantee” of salary, 

benefits, leave, working conditions, work schedules) are not inadvertently made by the 

supervisor or selecting official; and 

B. Provide a witness so that there is no subsequent claim that illegal questions were asked 

of an applicant, thereby reducing the chance of litigation action against the USG; and 

C. Offer expert guidance on 3 FAM, host country law, and other recruiting guidelines; 

and 

D. Make a record of the interview so that Mission management will have a point of 

reference should an unsuccessful candidate challenge an unfavorable hiring decision, if 

HR chooses to make HR notes an official record of the recruitment. 

**Note: The CLO is designated to represent the PEC at all interviews for recruitments 

involving US Citizen EFM or US Veteran applicants. During staffing gaps between 

CLOs, a rotating member of the PEC is present at all interviews. “FAUX CLO” 

Administrative Assistants may not fill in for the CLO position as the PEC representative 

at interviews. The CLO may take notes, but may not ask any interview questions. 

HR distributes a copy of the application package and the Vacancy Announcement to each 

person attending the interview. Ideally, HR gives copies of the application package to the 

supervisor or selecting official and PEC member at least 24 hours prior to the interview. 

As there will not be time prior to the interview to examine the application package, HR 

should also stress the need for review of all application packages for the sake of 

familiarity. 

HR serves as facilitator by opening and closing the interview. At the supervisor or 

selecting official’s request, HR may conduct the entire interview with input and followup 

questions from the supervisor or selecting official, as needed. 



HR briefly explains the purpose of the interview and introduces the PEC member 

(usually the CLO). HR instructs the candidate to address job-related answers and 

questions to the supervisor or selecting official for the position. 

HR takes notes during the interview (See D above). The supervisor or selecting official 

and CLO may take notes if s/he wishes. Notes taken during interviews are the personal 

notes of the note taker (HR, the supervisor or selecting official, or CLO). If the note 

taker wishes to make the notes an official part of the recruitment, the notes are given to 

HR and attached to the application materials. Otherwise, the note taker discards the notes 

once the recruitment is complete. 

The supervisor or selecting official notes the candidate’s responses, paying particular 

attention to interpersonal skills. The supervisor or selecting official should consider not 

only how well the applicant matches the job against the advertised requirements of the 

position, but also how well the applicant would blend/mesh into the overall environment 

of the unit. Interpersonal skills and the work environment are also important in making a 

sound hiring decision. The supervisor or selecting official should ask questions that will 

bring out the candidate’s adaptability to work in the environment and make sure the 

candidate understands what kind of work environment exists in the section or agency. 

The supervisor or a Subject Matter Expert (SME) may ask technical job-related questions 

(i.e., information technology, financial management, medical, scientific, security, semiskilled 

or skilled labor). 

The CLO (or PEC member in the absence of the CLO) may take notes, but may not ask 

interview questions. 

See also TOPIC: INTERVIEW – FORMAT AND TIPS 



INTERVIEWING – NON-PREFERENCE CANDIDATES 

The supervisor determines the number of candidates to be interviewed, with input from 

HR as requested. Interview participants include: 

--The applicant 

--Supervisor or selecting official 

--American HR Officer, or senior LE Staff HR Specialist or Assistant* 

--CLO (representing the Post Employment Committee, but only if US Citizen EFMs or 

US Veterans are also being interviewed for the position)** 

*Note: Whenever feasible and taking into account staffing constraints, an experienced 

HR official is present for all interviews to: 

A. Ensure that unauthorized commitments (e.g., “promise” or “guarantee” of salary, 

benefits, leave, working conditions, work schedules) are not inadvertently made by the 

supervisor or selecting official; and 

B. Provide a witness so that there is no subsequent claim that illegal questions were asked 

of an applicant, thereby reducing chance of litigation against the USG; and 

C. Offer expert guidance on 3 FAM, host country law, and other recruiting guidelines; 

and 

D. Make an official record of the interview so that Mission management has a point of 

reference should an unsuccessful candidate appeal an unfavorable hiring decision, if HR 

chooses to make HR notes an official record of the recruitment,. 

**Note: The CLO is designated to represent the PEC at all interviews for recruitments 

involving US citizen EFM and/or US Veteran candidates, and all non-preference 

candidate interviews when preference candidates are also interviewed. During staffing 

gaps between CLOs, a rotating member of the PEC is at all interviews. “FAUX CLO” 

Administrative Assistants may not fill in for the CLO position at interviews. The CLO 

may take notes, but may not ask any interview questions. 

If post is interviewing a combination of US Citizen EFMs or US Veterans and other nonpreference 

candidates, then the CLO (or in the absence of the CLO, a rotating member of 

the PEC) must attend all interviews, including those with non-preference candidates. If 

preference candidates are not being interviewed for the job, then the PEC Committee 

does not meet and does not participate in the interview process. 

HR distributes a copy of the application package and Vacancy Announcement to each 

person attending the interview. Ideally, HR gives copies of the application packages the 

supervisor or selecting official and CLO (if interviews are being conducted with US 



Citizen EFMs or US Veterans) at least 24 hours prior to the interview. As there will not 

be time prior to the interview to examine the application package, HR also stresses the 

need for review of all application packages for the sake of familiarity. 

HR serves as facilitator of the interview by opening and closing the interview. At the 

supervisor or selecting official’s request, HR may conduct the entire interview with input 

and follow-up questions from the supervisor or selecting official, as needed. 

HR briefly explains the purpose of the interview and makes introductions. HR instructs 

the candidate to address job-related questions to the supervisor or selecting official for 

the position. 

HR takes notes during the interview (See D above). The supervisor or hiring official and 

CLO may take notes if s/he wishes. Notes taken during interviews are the personal notes 

of the note taker (HR, the supervisor or selecting official, or CLO). If the note taker 

wishes to make the notes an official part of the recruitment, the notes are given to HR and 

attached to the application materials. Otherwise, the note taker discards the notes once 

the recruitment is complete. 

The supervisor or selecting official notes the candidate’s responses, paying particular 

attention to interpersonal skills. The supervisor or selecting official should consider not 

only how well the applicant matches the job against the advertised requirements of the 

position, but also how well the applicant would blend/mesh into the overall environment 

of the unit. Interpersonal skills and the work environment are also important in making a 

sound hiring decision. The supervisor or selecting official should ask questions that will 

bring out the candidate’s adaptability to work in the environment and make sure the 

candidate understands what kind of work environment exists in the section or agency. 

The supervisor or Subject Matter Expert (SME) may ask technical job-related questions 

(i.e., information technology, financial management, medical, scientific, security, semiskilled, 

or skilled labor.) 

The CLO (or member of the PEC) may take notes, but may not ask interview questions. 

SEE ALSO TOPIC: INTERVIEW – FORMAT AND TIPS 



INTERVIEW – FORMAT AND TIPS 

Before the Interview 

1. HR checks the interview space to ensure logistical arrangements and adequate seating. 

2. HR makes sure that sufficient application and Vacancy Announcement copies are 

available for the participants. 

3. Whenever feasible, interviews are conducted in a room with a wall clock in order to 

monitor time and maintain prescribed timeframe. Interviews should not exceed the time 

agreed in advance by the supervisor or selecting official and HR, unless the supervisor or 

selecting official chooses to continue past the allotted time. 

4. The individual conducting the interview structures questions so that they are clearly 

job-relevant and do not solicit prohibited information (e.g., “I see you just got married. 

Do you plan to start a family soon?”). HR may help the supervisor or selecting official 

(assuming s/he is conducting the interview) avoid prohibited questions. 

5. HR schedules a member of the HR staff to escort other candidates to the interview 

area. 

The Interview 

Following is the suggested format HR should use for conducting interviews with 

qualified candidates. 

1. HR welcomes the candidate and introduces the Embassy representatives by name and 

title to ensure that the candidate can: 

A. Identify the position supervisor in order to address responses from questions. 

B. Understand the nature of the PEC and purpose of the PEC member at the interview 

(for those vacancies where one or more US Citizen EFM or US Veteran candidates are 

being considered). 

2. HR reviews the basic function of the position by reading the information from the DS- 

298 position description and asks the applicant if s/he has any specific questions about 

the scope of the position. 

3. The supervisor or selecting official (or SME) engages with the candidate. 



4. A good interview consists of a mixture of 5 types of questions: 

A. Open: Used to gather information. 

Example: Could you please tell me about your prior work experience as an 

automotive mechanic? 

B. Closed: Appropriate when asking for specifics or to confirm information without 

going into detail. 

Examples: Are you required to directly supervise staff in your current position? 

How many reports do you generate each year on changes in the economy? 

C. Probing: Used to find out more about an issue or to clear up contradictory 

information. 

Example: Could you please explain a little more about your role in the GSO 

inventory process? 

D. Summarizing: Confirms that the interviewer has understood the information as 

presented by the candidate. Gives the applicant the opportunity to clarify 

misinformation. Shows the candidate that the interviewer is attentive and focused. 

Example: Let me check my understanding of what you just said: You’re looking for 

new employment because the company you currently work for is downsizing and 

there is a strong possibility of staffing reductions in your area of work. Is that 

accurate? 

E. Behavioral Based: Past performance or behavior is the best predictor of future 

performance or behavior. Applicants are asked to describe specific past performance in 

areas identified as important to success in the Mission position. 

Example: “Tell me about a specific time when you resolved a difficult customer 

complaint. Describe your actions. What was the outcome?” 

Hypothetical questions are also a good way of obtaining information about a 

candidate’s skills and abilities as well as problem solving and analytical skills. 

Example: “You are the GSO Officer at the Embassy. It has been reported to you that 

spare auto parts have been missing from the inventory for the past six months. You 

suspect internal theft by GSO employees...etc.” 

During the interview, HR may provide the applicant with a written copy of behavioral 

based and hypothetical questions since these types of questions are often long, contain a 

lot of information, and require a response to more than one question. This will help 



insure the applicant answers the question completely while also assisting the applicant in 

formulating a response. 

5. Areas the supervisor or selecting official should focus on during the interview include, 

but are not limited to: 

A. Education. Confirm that the candidate provided the appropriate transcript or a point of 

contact where a transcript can be obtained (if granted more time for document 

submission). 

B. Prior work experience. Focus on the work performed and how it relates to the 

knowledge, skills and abilities required of the job being staffed. 

C. Examples of work performed in previous positions that equate to the Embassy 

position. 

D. Examples of work that address position requirements not screened in HR - for 

example, interpersonal skills, the ability to work in a high stress/high productivity 

environment, organizational skills, managerial techniques, perceived strengths and 

weaknesses of the applicant, etc. 

E. Certification/Licensing: Confirm relative certifications or licensing prior to the 

interview. However, HR may still need to confirm that the candidate is certified or 

licensed in the area of skill or expertise. This is extremely important if copies were not 

obtained during the screening process, or prior to the interview. (Otherwise, you may be 

interviewing an unqualified applicant.) 

Don’t just accept an application at face value. For example, if the job requires a valid 

drivers license, ask to see the candidate’s current license, or inform the candidate to 

provide a copy of the license if selected for the position during the pre-employment 

process. Or if hiring for an electrician, make sure the candidate knows that a copy of the 

license indicating electrician certification is required. 

6. Focus on areas of the application that raise a concern. Examples: 

A. It is very important to explore the reason for leaving the last job if listed as 

“termination,” “separation,” “fired,” “cause,” or left blank. 

B. Are there long gaps between jobs? If so, why? 

C. Why is the candidate seeking employment with the Embassy? 

D. Why does the candidate wish you not to contact a previous employer (especially if it is 

not the current employer) for a reference? 



7. Ask for specific information, especially as it relates to areas of concern in the 

application. 

8. Allow for silence. Give the candidate time to formulate responses. 

9. Be attentive. If there is a single most important element for a successful interview, it is 

to be a good listener. 

10. Avoid: 

A. Leading questions or statements: Questions or statements that result in prompting the 

candidate (i.e., putting words into one’s mouth) rather than permitting the candidate to 

gather his or her thoughts and convey that information in his or her own way. 

Examples: “So you were actually working as a translator in your last job, right?” 

“You must have to work a lot of extra hours!” 

B. Double questions: These confuse the candidate, which often results in response to 

only the last part of the question. 

Example: What kind of responsibilities do you have as an Administrative Assistant at 

Company X, and what do you think were the most important duties of your job? 

11. IMPORTANT: The individual conducting the interview should verify with the 

candidate that HR may contact the current employer, and/or prior employer(s), and/or 

personal references as contained in the application package. If the names of prior 

employers or personal references aren’t provided, HR requests they be delivered within 

24 hours in order for the candidacy to still be considered. 

12. The supervisor, selecting official, or HR (if the supervisor or selecting official 

requested HR to conduct the entire interview) asks general questions. The supervisor or 

selecting official (or SME) asks job specific questions and questions that explore a 

candidate’s level of expertise. 

13. The person conducting the interview ensures that all candidates have an equitable 

opportunity to present themselves. Misunderstandings can arise when the length of an 

interview leads a candidate to believe s/he has been given short shrift. 

14. At the conclusion of the interview, HR may solicit questions from the candidate 

regarding the position or administrative functions (e.g., compensation, benefits, work 

schedule, overtime, supervisory chain of command, or other specific duties.) No 

commitments to employment or compensation can be made at this time. 

15. HR reviews the specifics of employment with the USG, but only if specifically asked 

by the candidate during the interview. Questions the candidate may ask include, but are 

not limited to: 



A. Salary. Provide a salary range, or step 1 of the salary at the appropriate grade of the 

position, keeping in mind that: 

--The salary range is not a guarantee of compensation. 

--HR reserves the right to set the initial rate of pay. 

--Salary will be determined upon the overall qualifications of the applicant as compared 

to the requirements of the job. 

--HR will only make a firm salary offer, both verbally and in writing, once the supervisor 

selects the candidate for the position and HR (not the supervisor or selecting official) 

officially contacts the candidate with an offer of employment. 

B. Benefits. HR provides a general overview of employment, e.g., leave, allowances, 

medical, holidays, etc. 

C. Clearances: A background investigation by the RSO and, if applicable, preemployment 

medical may be required. 

D. Entry on Duty (EOD): Approximate start date. 

E. Time and Attendance: Work schedule (hours) and tour of duty (FT/PT/WAE). 

F. Length of the probationary period for new hires. 

16. HR should confirm the: 

A. Mailing address; and 

B. Home and work telephone number of each candidate. 

17. Decide if you wish to make the notes you took during interviews an official part of 

the recruitment. If so, make sure that your notes are accurate and clearly legible for 

future reference and then give them to HR. If you don’t wish to make your notes an 

official part of the recruitment, discard them once the recruitment is complete. 

18. Ensure that the candidate has the name of the HR point of contact, including the 

telephone number and extension and/or E-mail address in order to address any follow-up 

queries regarding the interview. 

19. Close the interview by thanking the candidate for attending. If possible, provide a 

timeframe regarding the conclusion of the selection process. 



LEGAL VS. ILLEGAL INQUIRIES IN INTERVIEWS 

NAME 

Legal: 

 

 

 

 

Have you worked for this company under a different name? 

Is there additional information regarding your name that may be needed 

for us to conduct a records check? 

Have you ever been convicted of a crime under another name? 

Illegal: 

What is your maiden name (female applicants)? 

Have you ever changed your name? 

Have you ever used another name? 

BIRTHPLACE 

Legal: 

 

 

Are you legally eligible to work in (insert country)? 

Are you in this country under a visa? 

Illegal: 

Where were you born? 

Where were your parents or spouse born? 

SEX 

Legal: None 

Illegal: 

Whom do you live with? 

What are your plans for having children in the future? 

Any other inquiries about applicant’s sex or sexual orientation 

AGE 

Legal: Are you between 18 and XX years old? (the mandatory retirement age in 

country or as contained under the Local Compensation Plan) 

Illegal: How old are you? 



RELIGION OR CREED 

Legal: None 

Illegal: Any questions about candidate’s religious affiliation, denomination, 

church, synagogue, parish, pastor, rabbi, or religious holidays observed. 

RACE OR COLOR 

Legal: None 

Illegal: 

What is your race? 

What is your complexion or color of skin? 

NATIONAL ORIGIN 

Legal: What language(s) do you speak, read, or write fluently? 

Illegal: Any questions about candidate’s lineage, ancestry, national origin, lack 

of facility with English, accent, descent, parentage, nationality, or nationality of 

his/her parents or spouse. 

MARITAL STATUS AND RELATIVES 

Legal: What are the names of relatives already employed by the USG? 

Illegal: 

What is your marital status? 

How many children do you have? What are their ages? 

Do you live with your parents? 

CITIZENSHIP/RESIDENCY 

Legal: 

 

 

 

Are you a U.S. citizen? 

Are you a legal resident of the US (i.e., “green card holder”)? 

Do you have a legal right to reside in this country? 

Illegal: 

What is your country of citizenship? 

Are you a naturalized or native-born citizen? 



ARREST/CONVICTION 

Legal: --Have you ever been convicted of a crime? 

Illegal: --Have you ever been arrested? How many times and for what? 

SUBSTANCE ABUSE 

Legal: --Are you willing to take a drug test? 

Illegal: 

Are you an alcoholic? 

Are you undergoing treatment for alcohol or drug abuse? 

Have you ever participated in a rehabilitation program for drug or alcohol 

abuse? 

LEAVE/AVAILABILITY 

Legal: 

 

 

Is there anything that would prevent you from starting work on or about 

(insert appropriate date)? 

Our office is currently understaffed. Is there anything that would prevent you 

from working the entire months of (insert 1-3 month period)? 

Illegal: 

Do you have any (annual or sick leave, or LWOP) plans for the future? 

Do you plan on taking any time off after being hired? 

Will you be going on home leave? Rest and recuperation leave? 

How many (AL or SL) days did you take during the (insert timeframe, e.g., 

previous year; previous six months)? 



US VETERANS & US VETERANS PREFERENCE 

Ref: 5 USC 2108 

In order to be eligible for the US Veterans preference, the applicant must provide a copy 

of the Form DD-214 with the application by the closing date listed on the Vacancy 

Announcement. The Federal Government does not accept any substitute form for this 

purpose. 

A US Veteran isn’t always a US Citizen. 

To be eligible for preference, a veteran must meet the eligibility requirements in Section 

2108 of Title 5, United States Code. This means that: 

--An honorable or general discharge or release is necessary; 

--Military retirees at the rank of major, lieutenant commander, or higher are not eligible 

for preference unless they are disabled veterans; 

--Guard and Reserve active duty for training purposes does not qualify for preference. 

Foreign Service positions are excepted from the requirements of competitive service by 

law. However, Veterans Preference is considered an “affirmative factor” in the 

recruitment process. All things being equal – and “equal” is the definitive qualifier –- the 

US Veteran receives preference in hiring over other equally qualified candidates. 

Under the Local Employment Recruitment policy, if eligible and qualified a US Veteran 

receives the preference each time the applicant submits an application in response to a 

Mission Vacancy Announcement. 

Further information on the definition of “veteran” for US Government employment 

preference is at http://www.opm.gov/employ/veterans/html/vetguide.asp. 

HR uses the link above in determining whether an applicant is eligible for the preference. 

However, the DD-214 is the only document acceptable for establishing entitlement to 

veterans preference. Even if an applicant claims to fall within a category entitling 

him/her to veterans preference, HR cannot validate that claim without a DD-214. HR’s 

decision after reviewing the DD-214 regarding the applicant’s eligibility for the 

preference is final. 

US Veterans may go to the National Personnel Records Center (NPRC) website at 

http://www.archives.gov/veterans/ to get a copy of their DD-214. 



US CITIZEN EFM AND US VETERANS HIRING PREFERENCE AND 

HOW TO APPLY IT 

Ref: 03 State 93178, Proper Application of Family Member Hiring Preference 

http://hrweb.hr.state/gov/OE/HRM/fme.html 

The hiring preference is required by Section 301(c) of the Foreign Service Act of 1980, 

as amended. There are two applicant categories that receive preference in hiring: 

1. US Citizen Eligible Family Members (USEFMs): 

A. US citizen 

B. Spouse or dependent, age 18 or older 

C. On the travel orders of a direct hire Foreign, Civil, or uniformed service member 

officially assigned to post and under Chief of Mission (COM) authority; and 

D. Residing at post with the sponsoring employee. 

US Citizen EFMs are responsible for making sure HR knows that they are a US Citizen 

EFM eligible for an official preference in hiring. Without this notification from the US 

Citizen EFM applicant, HR is not responsible for making sure the supervisor or selecting 

official knows the candidate is preference eligible. The easiest way for the applicant to 

do this is to write down the US Citizen EFM status on the resume, job application, or 

other documentation submitted as part of the application package. HR then confirms 

preference status by making sure the applicant meets A-D above. 

2. US Veterans. Applicants who claim US Veterans preference must provide a copy of 

their Form DD-214 with their application. HR’s decision after reviewing the DD-214 

regarding the applicant’s eligibility for the preference is final. (See Topic: US Veterans 

and US Veterans Preference). 

A US Veteran isn’t always a US Citizen. 

If eligible and qualified, USEFMs and US Veterans receive the preference each time the 

applicant submits an application in response to a Mission Vacancy Announcement. 

Non-US Citizen EFMs, Members of Household (MOH), and Ordinarily Resident US 

Citizens receive no preference in hiring. 

FOUR SENTENCES OF THE HIRING PREFERENCE 



1. Being a US Citizen EFM or US Veteran is an “affirmative factor” in employment. 

2. “Affirmative factor” in employment means if all things are equal, the US Citizen EFM 

or US Veteran gets preference in hiring. 

3. “All things being equal” means the US Citizen EFM or US Veteran meets all the 

requirements of the job as advertised on the Vacancy Announcement and completes a 

successful interview. 

4. Preference in hiring means first consideration. 

Example of “All Things Being Equal:” 

REQUIREMENT US CIT EFM OR US CITIZEN HOST 

COUNTRY 

NATIONAL 

High School Dip. HS Bachelors Degree Masters 

Or host country 

Equivalent 

In the example above, all factors relevant to the REQUIREMENT are equal. Each 

applicant meets the full performance level job requirement to possess a high school 

diploma or host country equivalent. Not only do the Ordinarily Resident US Citizen and 

HCN meet the education requirement, they exceed it. However, the job only requires a 

high school diploma. HR bases the qualification screening on the job requirements, and 

not what is desired or preferred. 

This approach meets the intent of the US Citizen EFM and US Veterans Hiring 

Preference, which is to give a discernible advantage in hiring to these categories of 

individual. 

The supervisor and HR must follow this approach for all requirements of the job that can 

be screened and confirmed during the interview – e.g., education, prior work experience, 

and language. 

The second component for consideration are those skills and abilities that can’t be 

confirmed or measured on paper, such as interpersonal skills, managerial techniques, 

technical expertise, etc. These skills and abilities can only be ascertained during the 

interview. Again, all things must be equal for the US Citizen EFM or US Veteran to 

receive preference in hiring. This means that the supervisor discovers nothing negative 

about the US Citizen EFM or US Veteran applicant that disqualifies the candidate for 

further consideration. It doesn’t mean the preference candidate must have the best 

interview, just a successful one. 



Third and finally, there is additional selection criteria that may impact on the final hiring 

decision, including but not limited to nepotism, budget, continuity in the position, staffing 

gaps, the need for the incumbent to have a security clearance. These additional selection 

criteria are only considered at the end of the recruitment process as part of the preference 

candidate’s right to “first consideration” under the preference. 

To summarize, the US Citizen EFM and US Veteran must meet all the requirements of 

the job as advertised and have nothing negative about the applicant discovered during the 

interview before being eligible for preference in hiring. If all things are equal, the US 

Citizen EFM or US Veterans receives preference in hiring. 

A US Citizen EFM who is also a US Veteran receives the preference in hiring over an 

equally qualified US Citizen EFM or US Veteran. Therefore, the categories of 

preference are in descending order: 

A. US Citizen EFM who is also a US Veteran 

B. A US Citizen EFM, or a US Veteran 

C. All other candidates 

When at least one person in the first category above is qualified at the full performance 

level and is eligible, then that person (or persons) is considered to the exclusion of all 

other candidates. 

The supervisor’s hiring decision is subject to the concurrence of the Post Employment 

Committee and the Front Office (via memo). 

The existence of a hiring preference for US Citizen EFMs and US Veterans regrettably 

does not result in the appropriation of additional funds for payment of salary and benefits 

at posts where compensation costs for LE Staff are lower than those for persons 

compensated from an American pay scale. All hiring actions are subject to the 

availability of funds and while it may be possible to secure or identify additional funding 

either at post or from the agency headquarters for hiring a preference candidate in some 

cases, in many others additional funds will not be forthcoming. No conditional or formal 

offer of employment, either verbally or in writing, is extended by the supervisor, 

selecting official, or HR to any preference or non-preference candidate until all budget 

issues are resolved and a final decision made on whether post can or cannot fund the 

employment of the proposed candidate. Accordingly, US Citizen EFM and US Veteran 

candidates for positions are encouraged not to develop expectations that are unlikely to 

be fulfilled. 



QUALIFICATIONS OF AN APPLICANT THAT EXCEED THE 

ADVERTISED REQUIREMENTS 

(See Topic: US Citizen EFM and US Veteran Hiring Preference and How to Apply It)) 

Hiring decisions are, for the most part, based upon the FULL PERFORMANCE LEVEL 

REQUIREMENTS of the job as advertised. Often, however, in addition to the advertised 

requirements, the supervisor or selecting official will want to consider those 

qualifications and skills/abilities that an applicant has above and beyond what was 

advertised. 

Is this appropriate? 

Yes, but only when comparing the same category of applicant. The supervisor or 

selecting official may only consider desired or preferred qualifications, or other factors 

that exceed the advertised requirements of the position as contained in the Vacancy 

Announcement, when one or more of the SAME category of applicant is being 

considered, specifically: 

A. One US Citizen EFM who is also a US Veteran versus another US Citizen EFM who 

is also a US Veteran; or 

B. One US Citizen EFM versus another US Citizen EFM; or 

C. One US Citizen EFM versus a US Veteran, or; 

D. One US Veteran versus another US Veteran; or 

E. No preference candidates (US Citizen EFMs or US Veterans) are being considered for 

the job. 

1. If, after interviewing, there are two or more US Citizen EFMs or US Veterans qualified 

for the job, the supervisor may consider what skills and abilities one applicant has over 

the other that exceed what is required for the position. This is appropriate because the 

supervisor or selecting official is considering two or more of the same type of candidate – 

US Citizen EFM or US Veteran – that receives preference in hiring. 

2. If, after interviewing, there are no qualified US Citizen EFMs or US Veterans for the 

job and will hire a non preference candidate, the supervisor or selecting official may at 

that time consider what skills and abilities one applicant has over another that exceed 

what is required for the job. This is appropriate because no US Citizen EFMs or US 



Veterans are being considered for employment and, therefore, the US Citizen EFM and 

US Veterans Hiring Preference is not applicable for this particular recruitment. 

3. The supervisor or selecting official may not consider anything other than the 

requirements of the position as advertised in the Vacancy Announcement when the 

choice in hiring is between a US Citizen EFM or US Veteran and a non-preference 

candidate. The US Citizen EFM and US Veteran Hiring Preference must be applied and 

– breaking it down to a process that is easily understood and implemented at post – if all 

things are equal, the US Citizen EFM or US Veteran gets preference in hiring (first 

consideration). 

All things being equal means that the US Citizen EFM or US Veteran meets the 

advertised FULL PERFORMANCE LEVEL REQUIREMENTS of the position as 

contained on the Vacancy Announcement and completes a successful interview (nothing 

negative about the candidate is discovered). Therefore, only position requirements are 

considered in these cases – no desired or preferred elements. 

Finally, there is additional selection criteria that may impact on the final hiring decision, 

including but not limited to nepotism, budget, continuity in the position, the need for the 

incumbent to have a security clearance. These additional selection criteria are only 

considered at the end of the recruitment process as part of the preference candidate’s right 

to “first consideration” under the preference as defined. 



POST EMPLOYMENT COMMITTEE (PEC) 

(See also Topic: ROLE OF THE PEC) 

The Post Employment Committee (PEC) meets at the end of the recruitment process 

when US Citizen EFM or US Veteran applicants are being considered for employment. 

The PEC also collectively interviews and selects the candidate for the Community 

Liaison Officer (CLO) position. 

The CLO (or rotating member of the Post Employment Committee in the absence of the 

CLO) sits as an observer on all/all interviews conducted when one or more US Citizen 

EFM or US Veteran applicants are being considered for a position. This also includes the 

interviews of non-preference candidates when the PEC agrees to open interviews to this 

category of applicant. 

The PEC is comprised of: 

A. Chairperson (may be rotated among current PEC members) 

B. Members of agencies serviced by the HR office who equitably apply the US Citizen 

EFM and US Veteran Hiring Preference 

C. CLO (Non-voting member) 

The Management or HR Officer, or LE HR Staff attends the meeting and serves as the 

Technical Advisor of the PEC, but is not a member of the PEC. The Management or 

American HR Officer with overall responsibility for recruitment also serves as the 

facilitator of the meeting and as an advisor on the recruitment process and the US Citizen 

EFM and US Veteran Hiring Preference, including how that preference is applied. 

A majority of members must be present in order for the meeting to take place. It is 

understood that scheduling a meeting within one week that allows all PEC members to 

attend may be impossible. Therefore, the PEC may at the discretion of its membership 

and with post management concurrence, have a written policy on the use of proxies by 

PEC members. A proxy is a written authorization empowering another person to vote or 

act for the signer. Therefore, if a member of the PEC is unable to attend the scheduled 

meeting, that member may provide his or her vote by proxy to another PEC member or 

the PEC Chairperson. All proxies should be specific and in writing so that the action 

authorized from the PEC member unable to attend the meeting is clear to the members of 

the PEC, the HR or Management technical advisor, and the supervisor or selecting 

official. 



Instead of proxies, post may choose to use the “Small PEC, Large Membership” model, 

whereby a smaller PEC Committee has many members agreeing to serve on a rotational 

basis for one to two years. For example, post may have between 10 and 20 PEC 

members from various agencies under COM authority. However, the PEC Committee 

itself is comprised of: 

A) Chairperson (may be rotated among current members) 

B) Two members 

C) CLO (non-voting member) 

The Management or HR Officer or LE HR Staff attends the meeting and serves as the 





This allows HR flexibility in scheduling PEC meetings, as the PEC Chairperson and two 

PEC members are rotated among the 10-20 members throughout the year. PEC members 

also enjoy flexibility when there is a conflict because the PEC member is away from post 

on authorized leave, TDY, other official status, or may have a perceived conflict of 

interest regarding the specific recruitment – e.g., the PEC member is a personal friend or 

relative of one of the applicants being considered. Proxies are not needed when post 

chooses to use the “Small PEC, Large Membership” model. 

After all interviews are conducted, the position supervisor or selecting official considers 

each candidate interviewed, reviews his/her own notes (if applicable), and notes from 

HR. The supervisor also reviews the application packages again and the overall 

impressions of each interview. The supervisor or selecting official then makes a decision 

on the best candidate for the job, and informs HR. 




compensated from an American pay scale. All hiring actions are subject to the 

availability of funds and while it may be possible to secure or identify additional funding 

either at post or from the agency headquarters for hiring a preference candidate in some 

cases, in many others additional funds will not be forthcoming. No conditional or formal 

offer of employment, either verbally or in writing, is extended by the supervisor, 

selecting official, or HR to any preference or non-preference candidate until all budget 

issues are resolved and a final decision made on whether post can or cannot fund the 

employment of the proposed candidate. Accordingly, US Citizen EFM and US Veteran 

candidates for positions are encouraged not to develop expectations that are unlikely to 

be fulfilled. 

If only one US Citizen EFM or US Veteran applies for the position and is interviewed, 

and the position supervisor or selecting official selects that US Citizen EFM or US 



Veteran, then the PEC does not have to meet. HR uses the standard formatted 

memorandum (See Topic: PEC Memorandum – When One US Citizen EFM or US 

Veteran Applies), enters the required information, and provides it to the PEC Chairperson 

for signature. The memorandum is then sent to the Front Office indicating that only one 

US Citizen EFM (or US Veteran) applied for the job, was interviewed, and was selected. 

The Ambassador (or his/her designee) must sign the memorandum concurring in the 

hiring selection. 



PEC – WHEN MORE THAN ONE US CITIZEN EFM OR US VETERAN IS 

BEING CONSIDERED FOR EMPLOYMENT 

If more than one US Citizen EFM or US Veteran candidate is being considered for 

employment after interviews have been conducted, a PEC meeting is called within one 

week of the supervisor or selecting official making the hiring decision. 











official. 






D) Chairperson (may be rotated among current members) 

E) Two members 

F) CLO (non-voting member) 















The PEC concurs or not concurs with the supervisor that the candidate is an appropriate 

hiring selection from the qualified candidates being considered for employment. 

It is the responsibility of HR to support the PEC and to provide any assistance required to 

discharge its duties. HR will provide PEC members a copy of the Vacancy 

Announcement and the application package of each candidate being considered for 

hiring. HR provides the package the PEC members at least 24 hours in advance of the 

meeting. PEC members review the materials carefully, focusing on the requirements of 

the job as advertised in the Vacancy Announcement. 

When two or more US Citizen EFM or US Veteran candidates are being considered, the 

supervisor or selecting official informs the PEC of the US Citizen EFM or US Veteran 

selection and provides justification. 

--If the PEC concurs, the Chairperson drafts a memorandum (using the HR/OE model) to 

the front office requesting concurrence in hiring. 

--If the PEC does not concur with the selection of the supervisor or selecting official, 

discussion ensues to reach a hiring decision. The supervisor or selecting official (with 

input from the CLO who attended the interviews, as needed) may provide justification or 

an explanation for selection of one US Citizen EFM or US Veteran over another. The 

discussion continues until the supervisor and majority of the PEC Committee agree on 

the selection. The final selection is documented in writing in a memorandum (using the 

HR/OE model) from the PEC Chairperson to the front office requesting affirmation in 

hiring. 

--If the PEC and the supervisor or selecting official cannot reach a shared conclusion, the 

PEC may request that: 

a) HR and the supervisor or selecting official interview the candidates again with the 

CLO present, or the CLO and one other member of the PEC present; or 

b) HR and the supervisor or selecting official interview the candidates again in the 

presence of the entire PEC. 

The supervisor or selecting official makes a selection after the second round of 

interviews. The PEC Committee is required to sustain that selection. The PEC 

Chairperson documents the action in a memorandum (using the HR/OE model) to the 

Front Office requesting affirmation in hiring. 



PEC – WHEN US CITIZEN EFMS OR US VETERANS AND A 

NON-PREFERENCE CANDIDATE ARE BEING CONSIDERED FOR 

EMPLOYMENT 

All qualified US Citizen EFM and US Veteran candidates are interviewed and considered 

for employment before any other candidate may be considered. If the supervisor or 

selecting official has concerns, or does not believe the US Citizen EFM or US Veteran is 

qualified for the job after interviewing, the PEC is required to meet and sustain the 

recommendation for non-selection at this time. Further, the PEC is then required to agree 

to open interviews to non-US Citizen EFM and non-US Veteran candidates (keeping in 

mind the principles of the US Citizen EFM and US Veteran Hiring Preference of “all 

things being equal.”) 

Opening interviews to non-preference candidates does not in and of itself disqualify the 

US Citizen EFM and US Veteran candidates who were interviewed from ultimately being 

selected for the job, although this is often the case especially since the reason(s) for nonselection 

must be stated in specific terms. It merely expands consideration to all 

qualified candidates, based upon the justification by the supervisor or selecting official, 

and the concurrence of the PEC, for non-selecting the US Citizen EFM or US Veteran at 

the outset of consideration. 

If the majority of PEC members do not believe that the supervisor or selecting official 

has provided sufficient justification for a request to open interviews to non-preference 

candidates, then the PEC should deny that request and refer the supervisor or hiring 

official back to the US citizen EFM or US Veteran candidates for additional interviews, 

or to obtain additional information regarding their candidacy. HR assists in obtaining the 

additional information requested by the PEC. 

The supervisor must have specific concerns regarding the US Citizen EFM and US 

Veteran candidates for the position that preclude immediate selection for the position 

after the interview is conducted. These reasons may include, but are not limited to 

questions about information contained in the application, possible conduct/suitability 

concerns, evidence of lack of subject matter expertise, a history of termination or 

separation from previous employment (that was not adequately explained by the 

candidate during the interview), information obtained from the HR personal or 

professional reference checks, etc. 

It is stressed that the supervisor or hiring official must have a legitimate and valid reason 

for requesting that interviews be opened to non-US Citizen EFM and US Veteran 

candidates. Examples: 



A) A supervisor or selecting official who wishes to open the interviews to non-US 

Citizen EFM and non-US Veteran candidates merely to “see what’s out there” should not 

have that request sustained by the PEC. 

B) A supervisor or selecting official who cites “interpersonal skills” should be asked by 

the PEC to elaborate and provide more specific information regarding why the candidate 

is not suitable for the position. 

C) A supervisor who cites “budgetary limitations” should not have that justification 

sustained by the PEC until it is confirmed by the Management/HR Officer or other 

agency selecting official that the additional funds required are not available and cannot be 

made available. 

All hiring actions are subject to the availability of funds. However, increased 

employment opportunities for family members enhance morale. Therefore, budget may 

be considered only at the very end of the recruitment, when a preliminary selection 

proposal is made and after the hiring agency at post makes a reasonable effort to secure 

additional funding, to include, at a minimum, querying the responsible headquarters 

office. 

The supervisor, selecting official, or HR should extend no conditional or formal offer of 

employment, either verbally or in writing, to any preference or non-preference candidate 

until all budget issues are resolved and a final decision made on whether post can or 

cannot fund the employment of the proposed candidate. 




compensated from an American pay scale. It is nonetheless important for the hiring 

agency to make this “reasonable effort” to find additional funds if such funds would 

permit the hiring of a US Citizen EFM or US Veteran. While it may be possible to 

secure or identify additional funding either at post or from the agency headquarters for 

hiring a preference candidate in some cases, in many others additional funds will not be 

forthcoming. Accordingly, US Citizen EFM and US Veteran candidates for positions are 

encouraged not to develop expectations that are unlikely to be fulfilled. 

This “reasonable effort” is not intended to engender lengthy delays in making a final 

selection while the hiring agency at post pursues sequentially every possible source of 

additional funds. Taking into consideration the urgency of the need to fill a position and 

other pertinent factors, the supervisor and the PEC should determine on a case-by-case 

basis what constitutes a “reasonable” effort. 

If the PEC denies opening interviews to non-preference candidates, HR begins the 

process of scheduling a second interview with US Citizen EFM or US Veteran 

candidates. These second interviews may be conducted: A) With the CLO present, or B) 



With the CLO and one other member of the PEC present; or C) With all members of the 

PEC present. 

If the PEC approves opening interviews to non-preference candidates and a combination 

of preference and non-preference candidates are being considered for employment, the 

CLO (representing the PEC) must attend all interviews. Then the PEC must meet again 

upon completion of the interview process and after the supervisor or hiring official makes 

a selection. A PEC meeting is called within one week of notification from HR that the 

supervisor or selecting official has made a hiring decision. The CLO’s input on the 

interviews with the preference and non-preference candidates can be invaluable. 











official. 






G) Chairperson (may be rotated among current members) 

H) Two members 

I) CLO (non-voting member) 















HR provides PEC members copy of the Vacancy Announcement and application package 

of each candidate being considered for hiring. HR provides the package to PEC 

members at least 24 hours in advance of the meeting. PEC members should review the 

materials carefully, focusing on the requirements of the job as advertised in the Vacancy 

Announcement. PEC members are instructed to come to the meeting prepared to discuss 

the candidates’ application packages, as there will be no time allotted prior to 

commencement of the meeting for materials review. 

--If the supervisor or selecting official wishes to select a US Citizen EFM or US Veteran 

and the majority of PEC members concur, the Chairperson writes a memorandum (using 

the HR/OE model) to the Front Office requesting concurrence in hiring. 

--If the supervisor or selecting official wishes to select a non-preference candidate, the 

supervisor justifies the reason for non-selection of the US Citizen EFM or US Veteran 

candidate. For example, to cite “interpersonal skills” is not sufficient to satisfy the PEC. 

Rather, specifically address interpersonal skills as what is lacking that may pose a 

problem in performing the job effectively and successfully. (These issues may have 

already been addressed previously in the PEC meeting when requesting authorization to 

open the interview to non-US Citizen EFM and non-US Citizen Veteran applicants.) If 

the majority of PEC members concur with the non-selection of the US Citizen EFM or 

US Veteran, then the Chairperson writes a memorandum to the Front Office to justify 

non-selection and requests concurrence in hiring the non-preference candidate (i.e., non- 

US Citizen EFM, Member of Household, host country national or other Ordinarily 

Resident). 

--If the majority of PEC members do not agree with the selection of the non-preference 

candidate over the U.S. Citizen EFM or US Veteran candidate, the PEC may request: 

a) HR and the supervisor or selecting official interview the candidates again with the 

CLO (or in the absence of the CLO, a rotating member of the PEC) present. 

b) HR and the supervisor or selecting official interview the candidates again in the 

presence of the entire PEC. 

The PEC may provide or suggest to the HR Officer specific questions or topics to use 

during the second interview. 

In instances where there is a conflict over the candidate the supervisor or selecting 

official wishes to select and the candidate the PEC feels is best qualified while applying 

the US Citizen EFM and US Veteran Hiring Preference, the input from the CLO who 

attended the interviews should be given and can prove invaluable. 

Ultimately the PEC and the position supervisor or selecting official must convene to 

resolve the conflict in hiring and determine the best candidate for the job, (keeping in 

mind the intent of the US Citizen EFM and US Veteran Hiring Preference). The 



Management Officer or American HR Officer will remind the supervisor and the PEC of 

how the preference is applied, so that the focus of the discussion remains on the 

requirements of the job and selecting a fully qualified applicant based upon the advertised 

requirements as contained in the Vacancy Announcement, and not on preferred or desired 

skills and abilities an applicant may possess. 

After the second round of interviews and subsequent discussion that determines the best 

applicant for the job, the PEC Chairperson writes a memorandum to the Front Office 

requesting concurrence in hiring. 

Please Note: Several of the scenarios above result in additional interviews, time 

commitments, and actions by members of the PEC, the position supervisor, and HR. 

These requests are all generated and initiated by the PEC according to its role in the US 

Citizen EFM and US Veteran hiring process and as guarantors of the US Citizen EFM 

and US Veteran Hiring Preference. 



CHECKING REFERENCES 

NOTE: All information provided by a professional or personal reference is treated as 

sensitive, and shared only on a “need to know” basis (i.e., with the supervisor or hiring 

official, and PEC, as required). 

HR checks personal and/or professional references only after the interview is conducted 

and the candidate grants permission for references to be contacted. Applicants often do 

not wish their current employer to know they are seeking other work, and therefore 

would not welcome HR contacting them for a reference. Often applicants want to inform 

personal references in advance that a prospective employer may be contacting them. 

Therefore, during the course of the interview HR confirms and obtain concurrence for the 

following contacts: 

--The current employer and supervisor 

--Previous employers and supervisors 

--Personal references listed on the application or resume 

HR also confirms the telephone numbers listed on the application for personal and 

professional references. 

HR checks personal and/or professional references prior to the supervisor or selecting 

official making a decision on hiring. HR may request reference information by telephone 

or E-mail (if provided). If checking references by telephone, HR notes the date and time 

of the telephone call, the respondent, and a short summary of the information provided. 

This information becomes a part of the candidate’s application file. E-mail submissions 

also become a part of the candidate’s application file. 



US SELECTIVE SERVICE REGISTRATION 

Ref: 5 CFR 300.701 

By law, US Citizen males 18 through 25 born after December 31, 1959 must have 

registered with the US Selective Service (or have an exception). This registration is a 

condition of employment for locally recruited positions with the Department of State and 

other Executive Branch agencies at post under Chief of Mission authority, regardless of 

locale or the employment mechanism (e.g., direct hire, PSA, other agency PSA or PSC). 

If it is discovered during the pre-employment background investigation that the US 

Citizen male candidate has not registered for the US Selective Service or lacks an 

exemption, he may not be employed unless an exception is granted by HR/OE that meets 

exemption requirements or “shows by a preponderance of evidence” that his failure to 

register was not knowing and willful. 

The written request for the exception is sent to the appropriate International Human 

Resources Manager in HR/OE/HRM. 

Proof of registration may be verified by registration acknowledgment, or verified on-line 

with Selective Service at https://www4.sss.gov/regver/verification1.asp 



US CITIZENSHIP AND LEGAL PERMANENT RESIDENT (LPR) STATUS 

Ref: A. 00 State 37691; and B. 00 State 125762, both available on the HR/OE website at: 

http://hrweb.hr.state.gov/oe/HRM/tax.html 

As an employee of the United States Government, it is the policy of the Department of 

State that Locally Employed (LE) Staff employees who obtain: 

A. US Citizenship; or 

B. Legal Permanent Resident (LPR); or 

C. Green card status 

prior to or during employment with the Mission must immediately report that status to the 

Human Resources Office so that the required forms for US Federal and, when 

appropriate, US state taxes may be completed and submitted to the appropriate Financial 

Service Center (FSC). 

Specifically, the employee needs to supply the HR with: 

A. Any other name(s) used in US Federal records including on the social security 

card; 

B. US Social Security Number 

C. Alien registration number or naturalization number 

D. Appropriate US withholding form completed and signed by the employee. 

HR will then report this information to the appropriate Financial Service Center (FSC) 

via form W-4 with an accompanying explanatory cable to initiate US Federal tax and 

FICA withholding. 

For new employee processing, HR includes as part of the in-processing paperwork a 

memorandum requesting the information in A-D above on US citizenship and legal 

permanent resident alien status and a W-4 form for completion, as appropriate. 

The Mission may not support an LPR employee in meeting his/her obligations to the 

USG without this notification. Apart from the Department’s withholding and the FICA 

obligations, US tax liability is a matter between the employee and the Internal Revenue 

Service, Social Security Administration, and the various US states and localities. 

LE Staff who are lawful permanent residents of the US (green card holders) should be 

aware that extended absences outside of the United States may result in the loss of LPR 

status. The maintenance of this status is the responsibility of the employee. 

Failure of the employee to report US Citizenship, LPR, or green card status to HR could 

result in disciplinary action. 



DETERMINING RESIDENCY 

HR must make an appropriate residency determination using the PSA Policy 

Compensation Worksheet for each candidate prior to employment, including Eligible 

Family Members and Members of Household. Establishing the residency will determine 

the compensation, currency, and benefits for the candidate. 

HR makes the residency determination based upon, e.g., a review of all applicable 

documents submitted by the applicant. HR may request HR/OE assistance in 

determining residency, as appropriate. The decision by HR (or, when applicable, 

HR/OE) is final. 

The candidate must sign the PSA Policy Compensation Worksheet with the residency 

determination as made by HR. Refusal to do so by any applicant, including US Citizen 

EFMs, non-US Citizen EFMs, and Members of Household, will at that time prohibit 

employment as the candidate will not be agreeing to the terms and conditions of 

employment as extended by HR. 



PEC MEMORANDUM – WHEN ONE U.S. CITIZEN EFM OR US 

VETERAN APPLIES 

(May be prepared by HR on behalf of the PEC Chairperson) 

(Insert Date) 

UNCLASSIFIED 

MEMORANDUM 

To: 

Through: 

From: 

The Ambassador 

DCM – (Insert name) 

PEC Chairperson – (Insert name) 

Subject: ACTION MEMORANDUM: LE Staff Recruitment and US Citizen EFM 

and US Veterans Hiring Preference: Selection of US Citizen EFM (or US Veteran) 

(Insert Name) as (Insert Position Title) 

Only one US Citizen EFM (or US Veteran, as appropriate), (Insert Name), applied for the 

(insert position title and grade) in the (insert the appropriate section or agency office). 

(Insert Name) was interviewed with a member of the PEC present as an observer. After 

interviewing, it was determined that (Insert Name) was qualified for the position. 

The PEC sustained (insert name of supervisor or selecting official) recommendation for 

selection. 

ACTION REQUESTED: 

That you concur in the selection of US Citizen EFM (or US Veteran, as appropriate) 

(Insert Name) as (Insert Position Title). 

AGREE ____________________ 

DISAGREE/DISCUSS ___________________ 

DATE ____________________ DATE ___________________ 



PEC MEMORANDUM – WHEN TWO OR MORE U.S. CITIZEN EFMs or 

US VETERANS APPLY 


(Insert Date) 

UNCLASSIFIED 

MEMORANDUM 

To: 

Through: 

From: 





and US Veterans Hiring Preference: Selection of US Citizen EFM (or US Veteran) 

(Insert Name) as (Insert Position Title) 

The Post Employment Committee met on (insert date) to discuss staffing the (insert 

position title) in the (insert the appropriate section or agency office.) 

The following US Citizen EFMs (and/or US Veterans, as appropriate) applied for the 

position, were qualified after the HR review, and referred for an interview. 

US Citizen EFM (Insert Name) 

US Veteran (Insert Name) 

Etc. until all are listed. 

A member of the PEC was present as an observer during all interviews. After 

interviewing, (insert name of supervisor or selecting official) recommended selection of 

(insert name of US Citizen EFM or USVet) for the following reasons: 

(Insert brief narrative detailing why the US Citizen EFM or US Veteran was selected 

over the other US Citizen EFM/USVet candidates.) 

The PEC sustained (insert name or supervisor or selecting official) recommendation for 

selection. 






AGREE ____________________ 


DATE ____________________ DATE ___________________ 



PEC MEMORANDUM – NON-SELECTION OF A US CITIZEN EFM OR 

US VETERAN 


(Insert Date) 

UNCLASSIFIED 

MEMORANDUM 

To: 

Through: 

From: 





and US Veterans Hiring Preference: Selection of (Insert Name) as (Insert Position Title) 

The Post Employment Committee (PEC) met on (insert date) to discuss staffing the 

(insert position title) in the (insert the appropriate section or agency office.) 

The following US Citizen EFMs (and/or US Veterans, as appropriate) applied and was 

deemed qualified based on a HR review, and referred for an interview: 

US Citizen EFM (Insert Name) 

US Veteran (Insert Name) 

Etc. until all are listed. 

All US Citizen EFM (and/or US Veterans, as appropriate) candidates were interviewed 

for the position with a member of the PEC present as an observer. After interviewing, 

(insert name of supervisor or selecting official), with the concurrence of the PEC 

members present, requested that HR open the interviews to non-preference candidates for 

the following reason(s): 

(Insert narrative justification) 

The PEC Committee met on (insert date) and sustained the recommendation that 

interviews be opened to non-preference candidates. 

Additional interviews were subsequently conducted with non-preference applicants in the 

presence of a PEC member. 



Upon conclusion of the interviews, the PEC was reconvened on (insert date). (Insert 

name of supervisor or hiring official) recommended selection of US Citizen EFM or US 

Veteran (insert candidate’s name) 

OR 

Non-preference candidate (insert candidate’s name) for the following reason(s); 

(Insert narrative justification) 

The PEC sustained (insert name of supervisor or selecting official) recommendation for 

selection. 


That you concur in the selection of non-preference candidate (Insert Name) as (Insert 

Position Title). 

OR 



AGREE ____________________ 


DATE ____________________ DATE ___________________ 



STAFFING POSITIONS AT THE TRAINING OR DEVELOPMENTAL 

LEVEL 

HR may staff any position at the training or developmental level. The training or 

developmental level is one or more grades below the full performance level of the 

position as CAJE evaluated. However, the applicant must meet all the requirements of 

either the newly established training or developmental level, or the full performance level 

as advertised. 

Please Note: Supervisors or Selecting Officials may not change the education or 

language requirements of a position to bring an individual in at a training or 

developmental level. Changing these requirements automatically initiates changes to the 

duties and responsibilities of the job, thereby creating a new position. 

Applicants must meet the advertised education and language requirements of the position, 

regardless if management hires at the full performance, training, or developmental level. 

However, factors concerning prior work experience, specific training, and other skills and 

abilities may be modified and readvertised for staffing positions at the training level. 

Posts that have a Policy for Employing New Hires at a Training Level 

Some posts establish a post specific policy that newly hired employees will be brought in 

at a trainee grade one or more grades below the full performance level. This policy must 

be in writing and announced in a Management Notice. HR explains the policy to the 

candidate (verbally and/or in writing) during the official offer of employment. The post 

specific policy is applied equitably to all new hires. 

Excessive Requirements 

Before deciding to hire at a training or developmental level, the supervisor or selecting 

official and HR examine the Position Description (PD) and the advertised requirements 

taken from the DS-298 PD. Confirm that the requirements of the job equate to the duties 

and responsibilities assigned and are not overstated or inflated. (For example, is a 

bachelors degree in business administration and five prior years work experience in an 

administrative support capacity really required for a GSO secretary, FSN-6; FP-8?) 

The supervisor and HR should make every effort to identify and eliminate excessive 

requirements from the PD. The position is CAJE evaluated again, and the job readvertised 

at the full performance level (if the grade changed from the new CAJE 

analysis). The new PD and new job requirements become the new full performance level 

duties, responsibilities, requirements, and grade of the position, and it will not be 

necessary to staff the position at the training or developmental level. 



Accurate Requirements 

If the supervisor and HR believe that the job requirements as contained on the DS-298, 

the JDHS, and the CAJE Job Report accurately reflect what is required of an incumbent 

to successfully perform the duties and responsibilities of the job, then HR proceeds with 

staffing the job at a training or developmental level. Positions at developmental or 

training levels are not CAJE-ed. The supervisor decides the developmental or training 

level grade after reviewing the lowered job requirements. 

Staffing Positions at the Full Performance Level, but bringing the Incumbent in at 

the Developmental Level 

Definition: Developmental Level: When the incumbent meets all the advertised 

requirements of the position (e.g., education, prior work experience, language), but has 

no knowledge of the internal operating procedures of the section or agency. 

There are many positions (e.g., financial management positions, consular positions, 

public diplomacy positions, USAID program development positions) that require the 

incumbent to perform the duties and responsibilities for a specified period of time 

(anywhere from 6 months to 3 years) before s/he can reach a satisfactory level of success. 

This is due to the specialized or Agency specific skills, knowledge, and abilities required 

that can only be attained from on-the-job training and performance. 

Therefore, the supervisor establishes a developmental ladder that in effect allows the 

incumbent to “grow” into the position, to develop the expertise and skills required for 

effective performance over the long term. 

Examples: 

A. Working in the Consular section and learning the appropriate laws, guidelines, 

and regulations regarding consular work, including fraud, American Citizen 

Services, adoption procedures, NIV processing, etc. 

B. Working as a USAID Program Assistant or Specialist, which requires knowledge 

of USAID operations, program management, grants management, and fiscal 

procedures. 

C. Positions that have two or more major components of unique work that the 

incumbent must master. The major components of work will therefore be broken 

down so that the incumbent learns and masters each segment of work individually 

over a 1-3 year period until full expertise is attained in all areas of work. 

D. HR position assigned position evaluation using CAJE, a duty the employee 

cannot perform until CAJE training and certification is received after 

employment. 



In these instances, if the candidate has met ALL the requirements of the position as 

advertised and completed a successful interview, HR may hire the candidate at a 

developmental level 1-3 grades lower than the full performance level with no further 

advertisement or recruitment. 

The supervisor needs to complete Sections 3 and 4 of the Work and Development Plan 

(WDP JF-50A) for the candidate selected that will list the milestones that the incumbent 

is expected to accomplish each year. There should be a specific developmental plan in 

the WDP for each grade up to the full performance level. 

Staffing Positions at a Training Level when No Applicants Meet the all the Requirements 

If no applicants meet all the position requirements as advertised – (keeping in mind that 

the applicant must/must meet the education and language requirements of the job) -- and 

post wishes to hire an individual at a training level, HR must readvertise the position 

listing the new requirements at the training level, which permits newly qualified 

applicants the opportunity to apply for the position. 

This requires the supervisor to amend the position description at the trainee level with: 

A. New work experience or other skills and abilities requirements, and (if appropriate); 

B. Modified duties and responsibilities leading to the full performance level. (Again, 

please note that the supervisor may not change the full performance level education and 

language requirements for the trainee level. These must be met by the applicant 

selected.) 

Examples: 

--Prior Work Experience: From 3 years at the full performance level to 1 year at the 

training level. Or, from 2 years at the full performance level to 6 months at the training 

level.) 

--Skills and Abilities. From prior experience using Excel spreadsheets at the full 

performance level, to basic computer skills at the training level. 

After the supervisor decides the new work experience and other skills requirements at the 

training level, the supervisor tells HR the training level grade. HR may assist the 

supervisor in determining the training level grade, if requested. Remember that training 

level positions are never CAJE evaluated. Using the example above, since the supervisor 

changed the prior work experience requirement from 3 years (at the full performance 

level) to 1 year (at the training level), the supervisor may wish to set the training level 2 

grades lower than the full performance level FSN grade. 

Advertising Simultaneously for the Full Performance and Training Levels 



Prior to first announcing the job, HR and the position supervisor carefully examine the 

position and the selected requirements (no more than 6, with education and language as 

mandatory). If the supervisor (with HR input, as requested) believes that the applicant 

pool may not yield any applicants who meet the full performance level of the position, 

HR may advertise at the same time for the full performance and the training level of the 

position for a minimum two-week period. 

This means HR issues TWO Vacancy Announcements simultaneously –- the full 

performance level announcement and a training level announcement. 

The two Vacancy Announcements cross-reference each other. The announcement 

number for the training level position indicates the same number as the regular 

announcement, but with a letter indicator. For example, the full performance level 

Vacancy Announcement number is 07-28. The training level Vacancy Announcement 

number would be 07-28A, or 07-28T (for training level). 

HR reviews and screens the applications both Vacancy Announcements and, if qualified, 

placed in either the full performance or training level stacks. 

HR and the supervisor first attempt to staff the position at the full performance level and 

focus on those candidates before moving to the training level (if there are no qualified 

applicants after screening and interviewing at the full performance level). 

Advertising at the Training Level 

If post advertises for the full performance level of the position and receives no qualified 

applicants, or has no qualified applicants after interviewing, then post may wish to staff 

the position at a training level. 

The supervisor writes an addendum to the position description with the new requirements 

(primarily prior work experience and other skills and abilities) and, if appropriate, 

training level duties and responsibilities the incumbent will perform and master while 

s/he works up to the full performance level. Keep in mind that the supervisor may not 

change the education and language requirements from the full performance level to the 

training level. The applicant must meet the education and language requirements of the 

job at the full performance level, regardless if management decides to hire at a training 

level. 

HR then issues a new Vacancy Announcement at the training level (one or two grades 

below the full performance level as decided by the supervisor). The new Vacancy 

Announcement references the original Vacancy Announcement and does not need to run 

a full two weeks (at management’s discretion). This is an addendum to the original 

vacancy announcement, so the two-week minimum advertisement requirement is met. 

Additionally, the Vacancy Announcement states the following somewhere on the first 

page: 



“Applicants who responded to Vacancy Announcement (insert the VA number, Example: 

VA 07-28) need not reapply as their applications will be considered.” 



NOTIFYING CANDIDATE OF SELECTION 

After the supervisor or selecting official has made the selection (as sustained by the PEC 

and the Front Office when US Citizen EFMs and US Veterans are considered), HR 

notifies the successful candidate and proceeds to initiate requests for: 

--Security certification/clearance (See 3 FAM 7222) 

--Medical clearance (See 3 FAM 7223) 

HR advises prospective employees not to resign their current employment until all preemployment 

processing is completed (e.g., medical, security clearance), and they are 

officially notified of their final selection and reporting date. 

Candidates and Current Employees in Contempt of US or Local Court Order 

1. Candidates for Employment 

HR cannot employ a candidate in contempt of US or local court order. 

Most often, post RSO or DS Washington discovers this information as part of the preemployment 

security certification/clearance. When this happens, HR must withdraw the 

conditional offer of employment. 

2. Current Employees 

HR cannot continue to employ any LE Staff member who is in contempt of a US or local 

court order. HR tells the current employee that, if found in contempt of US or local court 

order after employment with the USG, the employee is subject to immediate termination 

in compliance with local labor law. 

Examples include, but are not limited to: 

A. Prior to Employment: A candidate not paying court-ordered alimony or child 

support. 

B. During employment: An employee in a chauffeur or any other position that requires 

driving USG vehicles whose license is suspended or revoked by court order. 

Responding to Candidates 

As soon as all clearances are received, HR advises the applicant in writing regarding the 

hiring decision. 



--HR may notify the selected candidate both by telephone and follow-up letter. The letter 

extends the offer of employment with the position title, grade, starting salary, and a 

proposed reporting date. Successful completion of the RSO background check and preemployment 

medical examination (if required) is explained as conditions of employment. 

HR may make additional contact by telephone to review the benefits package, work 

schedule, and other information regarding in-processing. Again, use extreme care if 

contact is made at the current place of business. 

The HR Officer must be certain that the prospective employee understands all conditions 

of employment with the Mission. 

--At post management discretion and taking into account HR workload, candidates not 

selected may be advised in writing that they were not selected and, if appropriate, 

encouraged to apply for future advertised vacancies. US Citizen EFMs, non-US Citizen 

EFMs, and Members of Household not selected should receive a letter. 

Hiring Decisions and Grievance Actions 

Hiring decisions (selection or non-selection) cannot be the subject of a grievance action 

by current employees – LE Staff, US Citizen EFMs, non-US Citizen EFMs, and 

Members of Household – through either the FS Grievance System or post grievance 

system. 



LETTER TO APPLICANT WHO IS NOT ELIGIBLE 

(Insert date) 

Insert Applicant’s Name 

Address 

City 

Dear (Insert Applicant’s Name): 

I am referencing your (insert application or resume, as appropriate), which was submitted 

in response to our recent advertisement seeking applicants for employment with the 

(Insert Embassy, Consulate, or appropriate Agency) as (insert position title). 

I regret to inform you that you do not meet the eligibility requirements for the position. 

Your interest in employment with the (insert U.S. Embassy/U.S. Consulate or appropriate 

agency) is most appreciated. 

(Optional insert) I encourage you to apply for future vacancies for which you may be 

eligible and qualified. 

Sincerely, 

HR Officer 

All US Citizen EFMs, non-US Citizen EFMs, and Members of Household not selected 

for a position should receive a letter regarding eligibility. For all other candidates, it is at 

post management discretion. 



LETTER TO APPLICANT WHO DOES NOT MEET QUALIFICATIONS 

(Insert Date) 

Insert Applicant’s Name 

Address 

City 


I am referencing your (insert application or resume, as appropriate) which was submitted 

in response to our recent advertisement seeking applicants for employment with the 

(insert US Embassy, US Consulate, or appropriate agency) as (insert position title). 

I regret to inform you that you do not meet the qualification requirements for the position. 

Your interest in employment with the (insert US Embassy, US Consulate, or appropriate 

agency) is most appreciated. 

(Optional insert) I encourage you to apply for future vacancies for which you may be 

qualified. 

Sincerely, 

HR Officer 

All US Citizen EFMs, non-US Citizen EFMs, and Members of Household not 

selected for a position should receive a letter regarding qualifications. For all other 

candidates, it is at post management discretion. 



LETTER TO CANDIDATE INTERVIEWED BUT NOT SELECTED 

(Insert Date) 

Insert Candidate’s Name 

Address 

City 


I am referencing your recent interview for employment with the (insert US Embassy, US 

Consulate, or appropriate agency) as (insert position title). While your interview and 

qualifications made a favorable impression, I regret to inform you that another candidate 

was selected for the position. 

Your interest in employment with the (insert US Embassy, US Consulate, or appropriate 

agency) is most appreciated. I thank you for submitting your application and encourage 

you to apply for future positions for which you may be eligible and qualified. 

Sincerely, 

HR Officer 



LETTERS TO CANDIDATE INTERVIEWED AND SELECTED 

SAMPLE 1: CONDITIONAL OFFER OF EMPLOYMENT 

(Insert Date) 

Insert Name 

Address 

City 

Dear (Insert Name): 

As (insert Human Resources Officer, Management Officer, as appropriate), I would 

like to extend a conditional offer of employment as (insert position title and position 

grade) at a salary of (insert salary offer) per annum, plus benefits as contained in our 

local compensation plan. The offer and starting date will be contingent upon the 

outcome of the security and medical clearances. Assuming a successful conclusion to 

these clearances processes, your anticipated start date and time is (insert date and 

time). These will be confirmed in a future communication. 

I wish to re-emphasize that your employment is contingent upon a clearance granted 

by the US Mission Regional Security Office (RSO). Enclosed are forms that you 

must complete to begin the required security investigation. 

I also re-emphasize that a medical clearance is required. You must complete the 

enclosed medical form, in order to undertake a pre-employment medical examination. 

It is strongly recommended that you not terminate your current employment until 

Human Resources has confirmed that you have satisfied the requirements of the 

security clearance and pre-employment medical examination and has extended a final 

offer of employment to you. 

If you obtain security and medical clearance and receive a final offer, you will be 

required to serve a (insert timeframe, e.g., 3 months, 6 months, 1 year) probationary 

period. Continued employment with the US Government will be contingent upon 

successful and documented completion of the probationary period. 

If you wish to accept this conditional offer of employment, please complete the forms 

provided and return it to (insert appropriate HR contact name) by close of business on 

(insert date) in the enclosed stamped, self-addressed envelope. 



Should you have any questions regarding your employment, please contact (insert 

appropriate HR contact name and telephone number). 

Sincerely, 

(HR Officer or Management Officer) 



SAMPLE 2: FORMAL OFFER OF EMPLOYMENT 

(Insert Date) 

Insert Name 

Address 

City 

Dear (Insert Name): 

As (insert Human Resources Officer, Management Officer, as appropriate), I would 

like to extend a formal offer of employment as (insert position title and position 

grade) at a salary of (insert salary offer) per annum, plus benefits as contained in our 

local compensation plan. Your start date and time is (insert date and time). 

Your tour of duty will be (insert work schedule: full-time, part-time, WAE, 

designating days of week as appropriate). Your work schedule will be (insert the 

work hours, e.g., 8:00 am-5:00 pm; 12:00 pm-4:00 pm; as needed as determined by 

your supervisor) with (insert the appropriate time, e.g., 30 minutes, 1 hour) for (lunch 

or work break). 

Locally Employed Staff salaries are paid from the Financial Service Center in (insert 

either Bangkok, Thailand or Charleston, South Carolina, USA). Please be advised 

that it will take at least four to six weeks before your first salary payment arrives. 

Therefore, you should budget accordingly during this interim period. 

All salaries are paid two weeks in arrears via electronic funds transfer (ETF) to your 

designated financial institution. A form is attached for this purpose. Once entered 

into the payroll system, you will be paid bi-weekly on Thursday. You will accrue 

annual and sick leave each pay period under the terms and conditions of the Local 

Compensation Plan. 

(OPTIONAL INSERT) Locally Employed Staff are expected to observe and fulfill all 

tax obligations imposed by the host country government. 

(OPTIONAL INSERT) Under United States Government regulations, it is mandatory 

for you to take one hour of official duty time to review the “Standards of Ethical 

Conduct for Employees.” This must be fulfilled within the first month of your 

employment with the USG. 

(OPTIONAL INSERT) Please read carefully the attached copies of the Locally 

Employed Staff Handbook and the Local Leave Plan. These documents explain the 

general conditions of your employment with the US Government. 



As a condition of employment, you will be required to sign an Appointment 

Affidavit, which must be witnessed by the Consular Officer. This will be completed 

on your first day at work. 

On your first workday, please report to (insert appropriate HR contact name and 

telephone number), who will provide you with an orientation and overview of the 

(insert the appropriate Embassy, Consulate, or agency) before reporting to your 

supervisor. 

Should you have any questions regarding your employment, please contact (insert 

appropriate HR contact name and telephone number). 

Sincerely, 

(HR Officer or Management Officer)

Local Employment Recruitment Policy.pdf - ICASS

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