Non-Competitive Eligibility (NCE) for Eligible Family Members and Employers

NCE Information:

• For Family Members
• For Federal Employers
• For Department of State (DOS) Employers
• Frequently Asked Questions

Information for Foreign Service Family Members

Executive Order 12721 (5 CFR 315.608) enables certain Appointment Eligible Family Members (AEFM) to be appointed non-competitively to a career-conditional appointment in a Civil Service position that is based in the United States. To be eligible, the AEFM must have completed 52 weeks of creditable service, or 2,087 hours, in a Family Member Appointment (FMA) or Temporary (TEMP) Appointment overseas. The AEFM must have received a fully successful or above performance rating. NCE status is valid for three years after the date the AEFM resumes residency in the United States. It is important for family members to understand that NCE is not a hiring preference nor does it guarantee employment with the federal government.

Required Documentation to Verify Your NCE:

• First and last Notification of Personnel Action forms (SF 50s) for every federal position held as these confirm the duration of the appointment(s) and the last grade and step*
• Most recent signed Employee Performance Review (EPR)*
• NCE Verification Letter  (Recommended but not required; request this from post HR)

*Download and print these documents while you still have access to your eOPF in HR Online

Resources for Finding Federal Employment:

• Subscribe to The Network. The Network is an email subscription service for Foreign Service family members seeking employment in the Washington DC area and other domestic locations, as well as remote work opportunities.  More information, including how to subscribe, is on The Network webpage.
• Search USAJOBS  for hiring path “Family of Overseas Employees” 

Additional Information:

• NCE FAQs
• GCLOAskEmployment@state.gov

Information for Federal Employers

Hiring Foreign Service family members with NCE not only saves your agency time and money, but allows you to tap into a talented, professional pool of candidates. Family members who have completed 52 weeks (or 2087 hours) of creditable service in a Family Member or TEMP Appointment overseas, with a fully successful or above performance rating, have NCE for three years after resuming residency in the United States. They can be hired without having to go through the formal announcement and review process and without opening the position to the general public as regulated by 5 CFR 315.608 .

Benefits of Hiring Family Members with NCE:

• Diverse Talents.  Many speak foreign languages; hold college or advanced degrees; and possess skills in the fields of HR, IT, project management, administration, communication, economics, legal fields, and medicine.
• Security Clearances. Many family members already hold a security clearance that may simply require reciprocity or revalidation.
• Flexible hiring process.  Noncompetitive eligibility for competitive service positions is authorized by Title 5 of the Code of Federal Regulations (CFR), Part 315.608  and rules 37-38 of Table 9-G in the Guide to Processing Personnel Actions  thereby allowing a federal agency to circumvent the standard, time-consuming competitive hiring process.

Finding NCE Candidates:

• The Network. Employers can specifically target this talented and easy-to-hire pool of candidates by advertising vacant positions via GCLO’s email subscription service, The Network, at no cost, saving valuable time in the hiring process. This page also features concise instructions and a job posting form.
• USAJOBs . Employers should include “former overseas family members” or “family of overseas employees” in the “Who May Apply” section to target this talented pool of candidates.

Additional Information:

• NCE FAQs
• GCLOAskEmployment@state.gov

Information for Department of State (DOS) Employers

Foreign Service family members with experience working in a U.S. embassy or consulate overseas, and former Department of State Civil Service employees with reinstatement eligibility returning from an overseas post, represent a talented pool of skilled professionals. Federal agencies can hire Foreign Service family members who have earned NCE without having to go through the formal announcement and review processes and without opening the position to the general public. Family members who have completed 52 weeks (or 2087 hours) of creditable service in a Family Member Appointment or TEMP appointment overseas, with a fully successful or above performance rating, have NCE for three years after resuming residency in the United States as regulated by 5 CFR 315.608 

Benefits of Hiring Family Members with NCE:

• Diverse Talents.  Many speak foreign languages; hold college or advanced degrees; and possess skills in the fields of HR, IT, project management, administration, communication, economics, legal fields, and medicine.
• Overseas Experience. Family members who have worked in an embassy or consulate overseas have desired skills and experience working among the interagency community in an intercultural environment.
• Security Clearances. Many family members are in the Foreign Service Family Reserve Corps (FSFRC) which holds their clearance active with the Department of State.

• Flexible hiring process. Noncompetitive eligibility for competitive service positions is authorized by Title 5 of the Code of Federal Regulations (CFR), Part 315.608  and rules 37-38 of Table 9-G in the Guide to Processing Personnel Actions  thereby allowing a federal agency to circumvent the standard, time-consuming competitive hiring process.

Finding NCE Candidates:

• The Network. Employers can specifically target this talented and easy-to-hire pool of candidates by advertising vacant positions via GCLO’s email subscription service, The Network, and save valuable time in the hiring process. The page also features concise instructions and a job posting form.
• USAJOBS . Department of State hiring managers may also fill job openings by selecting NCE candidates from vacancy announcements on USAJOBS.gov that state, “All Federal Employees, Limited to Department of State employees only” and/or “Non-competitive eligible,” if the family member is currently on Department of State rolls in the Foreign Service Family Reserve Corps (FSFRC).

If the NCE candidate is no longer on the Department of State’s rolls as an employee or in Reserve Status in the FSFRC then the hiring office must ensure that Interagency Career Transition Assistance Plan (ICTAP) and Career Transition Assistance Plan (CTAP) priority list requirements have been followed before moving forward with a hiring action. Discuss hiring procedures with your designated bureau HR representative.

Additional Information:

• NCE FAQs
• Hiring Eligible Family Members with NCE recorded webinar  by GCLO/CSTM
• GCLOAskEmployment@state.gov

Frequently Asked Questions (FAQ) about NCE

The following information has been developed to familiarize Foreign Service family members, Human Resources Officers (HROs), and hiring officials with the terms of Executive Order (EO) 12721 as regulated in 5 CFR 315.608. This information explains how work performed in an overseas mission can help them to gain employment with the U.S Government when residing in the U.S. It also a resource for hiring officials and HR specialists in the U.S. who are often called upon to interpret 5 CFR 315.608 when hiring domestically and to post’s HR offices that may be asked to respond to verification requests. Family members seeking employment with other federal agencies should contact the HR office of the agency advertising the vacancy to ensure that they understand how to take advantage of this special hiring authority.

1. What is Executive Order 12721?
2. Who is eligible?
3. What kind of work earns credit?
4. What is the time limit for using the eligibility?
5. How is resuming residency to the U.S. determined?
6. If a family member returns to the U.S. from overseas under evacuation status, is this considered resuming residency and starting the 3 year NCE clock?
7. Does an EFM need to be a resident in the U.S. to invoke NCE?
8. How many times can the eligibility be used?
9. What is the difference between Civil Service temporary and term positions?
10. What about eligibility extensions?
11. Does time in FSFRC reserve status or Intermittent No Work Scheduled status earn credit?
12. Are there service waivers?
13. How does an EFM use Executive Order 12721 when applying for federal jobs?
14. What employment records demonstrate NCE eligibility?
15. How can The Network connect family members with “NCE required” jobs?
16. Are the rules of use for NCE earned under Executive Order (EO) 12721 the same as for all other types of NCE?
17. Where can I find more information?

1. What is Executive Order 12721 Eligibility?

Executive Order 12721, as regulated by 5 CFR 315.608 , enables certain Appointment Eligible Family Members (AEFM) to be appointed non-competitively to a career-conditional appointment in the Civil Service once they return to the U.S. Those individuals may be hired into any federal occupation and at any grade level for which they are qualified. Once a family member is converted to a Civil Service appointment, they are no longer on a Family Member Appointment (FMA) and must fulfill the same one-year time-in-grade requirements as any other career-conditional Civil Service employee in order to apply for higher graded positions. (To learn more about this subject, refer to the merit promotion policies of each agency.)

2. Who is eligible?

To be eligible, the AEFM must have completed 52 weeks of creditable service, or 2,087 hours, in a Family Member Appointment (FMA) or Temporary (TEMP) Appointment overseas. Work must be performed during the time the family member was accompanying an employee sponsor officially assigned to an overseas post. The AEFM must have received a fully successful or better performance rating and must have been an AEFM at the time s/he met the overseas service requirement, but does not need to be an AEFM at the time of non-competitive appointment in the U.S.

3. What kind of work earns credit?

Creditable service may have been under more than one Family Member Appointment (FMA) and need not be continuous. If the individual is separated and subsequently reemployed (e.g., terminated in June and re-hired in September), the time spent in non-employed status does not count toward the 52 weeks. Leave Without Pay (LWOP) taken during the time an individual is overseas, that does not exceed six months in any calendar year, is credited on the same basis as time worked. Regularly scheduled part-time work is credited as full-time service for the purpose of earning NCE. An FMA in and of itself does not convey Executive Order Eligibility. In order to obtain eligibility, an employee must serve in a qualifying position.

• Family Member Appointment (FMA) for the requisite 52 weeks in a regularly scheduled full-time or part-time position.
• Temporary appointment for the requisite 2,087 hours on an intermittent work schedule.

Family members in the Foreign Service Family Member Reserve Corps (FSFRC) reserve status or Intermittent No Work Scheduled (INWS) status who also have non-competitive eligibility may apply for positions, “limited to Department of State employees only” as well as those advertised for “all federal employees.”

Temporary appointments are direct-hire, non-career appointments for positions established for one year or less. They may also be used with a full-time, part-time, or Intermittent Work Schedule. Temporary appointments convey creditable U.S. Government service and non-competitive eligibility under E.O. 12721; however, under a temporary appointment, employees qualify for non-competitive eligibility ONLY if they have accrued 2,087 hours.

4. What is the time limit for using the eligibility?

An individual is eligible for temporary, term, excepted, or career-conditional appointments under E.O. 12721 for a period of three years following the date of return from overseas to the U.S. to resume residency. Once an individual is appointed into the competitive service, he/she must fulfill the qualification requirements (i.e., specialized experience, time in grade, etc.) before competing for other competitive service positions within the Department of State or another agency.

5. How is resuming residency to the U.S. determined?

Resuming U.S. residency is determined by the permanent change of station (PCS) date on the sponsoring employee’s orders.  If the employee sponsor returns to the U.S. between overseas assignments for short-term events including temporary duty assignment (TDY), Home Leave, or training, the family member is not considered to be establishing residency.  Therefore, family members with NCE retain their eligibility unless they invoke NCE during their short-term stay in the U.S.  Once the USDH has a permanent change of station (PCS) to the U.S., regardless of length, the family member is considered to have resumed residency, and therefore has three years to use NCE.  For further information, contact GCLOAskEmployment@state.gov.

6. If a family member returns to the U.S. from overseas under evacuation status, is this considered resuming residency and starting the 3-year NCE clock?

Evacuation status is not considered resuming residency.  If a family member chooses to not return to post or is prevented from going back to post, their NCE clock would start when they go off of evacuation status and are placed on Separate Maintenance Allowance or permanently reassigned to the U.S.

7. Does an EFM need to be a resident in the U.S. to invoke NCE?

No, the EFM does not need to be in the U.S. to invoke their NCE.  They become eligible once they meet the requirements.  However, please be aware that if hired for a domestic Civil Service position while overseas, the employee must obtain approval to telework that position from abroad through a Domestic Employees Teleworking Overseas (DETO) arrangement.  The DETO approval process can take several months, and supervisors have discretion over whether or not to permit overseas telework for their new employee.

8. How many times can the eligibility be used?

The Department of State’s policy permits a one-time use of NCE for all career and career-conditional appointments.  This means that once NCE has been invoked for a Department of State career or career-conditional appointment or the three-year eligibility period has passed, an EFM must earn NCE again by working in a Family Member Appointment overseas. Family members should consult non-Department of State agencies to verify their policies related to the one-time use of NCE.  However, an individual may use NCE more than once for temporary or term positions in the Civil Service within the Department of State even if NCE was required to secure the position.

9. What is the difference between Civil Service temporary and term positions?

According to USAJOBS.gov:

Temporary appointment: Time limited not to exceed one year but could be less.

Term appointments: Time limited for at least one year but not to exceed four years.

10. What about eligibility extensions?

An agency may extend an individual’s appointment eligibility beyond three years.  This would be for a period equivalent to the time the individual was accompanying a sponsor on an official assignment to an area of the U.S. where no significant opportunities for federal employment; or, the time an individual was incapacitated for employment.

If an office wishing to appoint a candidate with NCE believes the candidate’s circumstances may fall within the categories above, they can work with their bureau’s HR Specialist and prepare a request package seeking approval to extend the candidate’s NCE from the Office of Civil Service Talent Management (GTM/CSTM).  This formal request can be sent via email to the Staffing and Classification Policies and Programs Division’s (GTM/CSTM/SCP) email box (GTM-CSTM-SCP@state.gov).

11. Does time in FSFRC reserve status or Intermittent No Work Scheduled status earn credit?

No.  An individual in Foreign Service Family Member Reserve Corps (FSFRC) reserve status or Intermittent No Work Scheduled (INWS) status does not receive pay, benefits, or service credit.  However, while the family member is in FSFRC reserve status or INWS status, s/he remains on the rolls of the Department of State.  FSFRC reserve status and INWS status, together with NCE, enables the family member to apply for a broader range of advertised positions.

12. Are there service waivers?

Yes. Up to 26 weeks of the 52-week service requirement may be waived when the head of an agency (or designee) that employed the family member overseas certifies that the family member’s 52 weeks of employment were cut short because of a non-personal situation that necessitated the relocation of the family member from the overseas post. The certification must include the number of weeks waived. For this purpose, a non-personal situation includes disaster, conflict, terrorism or the threat of terrorism, and those situations when a family member is forced to return to the U.S. because of military deployment, drawdowns, or other management-initiated actions. Family members who believe they meet one of these exceptions can contact GCLOAskEmployment@state.gov.

13. How does an EFM use Executive Order 12721 when applying for federal jobs?

Vacancy announcements state clearly in the “who can apply” section the type of eligible applicant. Those with Non-Competitive Eligibility (NCE) earned under E.O. 12721 can apply to announcements that include non-competitive candidates in their area of consideration. The descriptions of which non-competitive candidates may apply vary from one announcement to another, depending on the agency. However, many announcements will have one or more of the following descriptions as an indicator that those with NCE may be considered: E.O. 12721, special hiring authorities, former overseas employees, family of overseas employees, non-competitive candidates, and candidates under 5 CFR 315 Subpart F. Applicants must submit copies of personnel actions (SF-50s) and performance appraisals to verify eligibility.  Some offices within the Department of State require an NCE Verification Letter which should be requested from the HR office at post.  For further guidance, contact GCLOAskEmployment@state.gov.

When applying for positions outside the Department of State, a copy of these FAQs may be included in the application package to assist the hiring official.

14. What employment records demonstrate NCE eligibility?

To use NCE to secure federal employment, candidates must have all the requested documentation to confirm eligibility when they apply for the job. Before leaving a Family Member Appointment (FMA) overseas, family members should download all pertinent information from the HR Online portal. They should have:

• Electronic and paper copies of their first and last Notification of Personnel Action forms (SF 50s) for every federal position held as these confirm the duration of the appointment(s) and the last grade and step*
• Most recent signed Employee Performance Review (EPR)*
• NCE Verification Letter  (Recommended but not required; request this from post HR)

The SF-50s, verification letter, and the performance review should be scanned into one document and emailed as an attachment when applying for a vacancy or uploaded to USAJOBS.gov.

*Download and print these documents while you still have access to your eOPF in HR Online

15. How can The Network connect family members with “NCE required” jobs?

The Network email subscription service connects family members with potential employers. GCLO searches for federal job opportunities that family members with NCE would be considered for non-competitive hire upon their return to the U.S. GCLO also works with other organizations to locate job opportunities, providing family members information on government contractors, NGOs, and other private sector positions in the U.S. Family members may register to receive this information by sending an email to GCLONetwork@state.gov. Include the employee sponsor’s name, agency affiliation, and the family member’s personal email address.

16. Are the rules of use for NCE earned under Executive Order (EO) 12721 the same as for all other types of NCE? 

GCLO’s information relates only to NCE earned under Executive Order 12721. Other executive orders govern other types of NCE such as:

• EO 13473: Military spouse NCE
• EO 11103: Peace Corps NCE
• EO 13749: Consular Fellows NCE
• EO 13750: Exchange Alumni NCE

Family members with questions about NCE governed under other executive orders should reach out to the relevant program offices directly.

17. Where can I find more information?

The complete text of Executive Order 12721 is found in 5 CFR Part 315.608  as amended on July 20, 2012. Visit GCLO’s Employment pages with information on The Network. For further questions, contact the Global Community Liaison Office at GCLOAskEmployment@state.gov.