FAR 52.222-29—Notification of Visa Denial.
Plain-English Summary
FAR 52.222-29, Notification of Visa Denial, is an equal employment opportunity and foreign-workforce compliance clause tied to Executive Order 11246 and the implementing OFCCP regulations. It addresses two main topics: first, it defines the terms "gender identity" and "sexual orientation" by reference to the Department of Labor’s OFCCP guidance; second, it requires the contractor to notify specified U.S. Government officials when an employee or prospective employee is denied an entry visa for a country where contract performance will occur, and the contractor believes the denial is because of a protected characteristic. The clause also states the underlying policy that a contractor may not refuse to employ or assign a person in the United States and certain U.S. jurisdictions because the host-country policies conflict with the person’s race, color, religion, sex, sexual orientation, gender identity, or national origin. In practice, this clause is meant to prevent contractors from accommodating discriminatory foreign visa practices by making employment decisions based on protected traits, and to ensure the Government is informed when visa denials may reflect prohibited discrimination. For contractors, it creates a reporting obligation and a compliance checkpoint for overseas assignments; for contracting and compliance officials, it provides a mechanism to monitor potential EO 11246 violations in international performance settings.
Key Rules
Protected-trait definitions
The clause incorporates OFCCP definitions of "gender identity" and "sexual orientation" by reference. Contractors should use the OFCCP meanings, not their own internal definitions, when evaluating compliance and reporting obligations.
No discriminatory refusal to employ
A contractor violates Executive Order 11246 if it refuses to employ an applicant or fails to assign a hired person in the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, or Wake Island because the host country’s policies are incompatible with the person’s protected characteristics.
Visa-denial notice trigger
The contractor must notify the Department of State and the Department of Labor when it knows an employee or potential employee has been denied an entry visa for a country where the contract will be performed and believes the denial is attributable to a protected characteristic. The duty is triggered by knowledge plus a reasonable belief of discriminatory causation.
Specified recipients
Notice must be sent to the Assistant Secretary, Bureau of Political-Military Affairs, U.S. Department of State, and to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor. The clause is specific about the offices that must receive the notification.
Applies to employees and applicants
The reporting requirement covers both current employees and potential employees. Contractors must therefore monitor visa issues not only for existing staff but also for candidates being considered for overseas performance.
Geographic scope of assignment rule
The anti-discrimination assignment rule expressly covers employment decisions made in the United States and certain U.S. territories and possessions. Contractors cannot avoid the rule by declining to place a person on an overseas assignment from those locations for discriminatory reasons.
Responsibilities
Contractor
Do not refuse to hire or assign individuals based on protected characteristics because of foreign-country policies. Monitor visa denials for employees and applicants assigned to covered overseas work, and notify the required State Department and Department of Labor officials when you know of a denial and believe it is tied to race, color, religion, sex, sexual orientation, gender identity, or national origin.
Contracting Officer
Include the clause when prescribed by FAR 22.810(g) and ensure the contract incorporates the required notification obligation for covered work. If compliance concerns arise, coordinate with labor and equal employment opportunity officials as appropriate.
Department of State
Receive contractor notifications of visa denials that may reflect prohibited discrimination and use the information for diplomatic, policy, or administrative follow-up as appropriate.
Department of Labor / OFCCP
Receive contractor notifications and evaluate whether the facts suggest a potential violation of Executive Order 11246 or implementing regulations. OFCCP may use the information in compliance oversight and enforcement.
Practical Implications
Contractors performing overseas work need a process to track visa denials and document why they believe a denial is or is not related to a protected trait. Without documentation, contractors may miss the reporting trigger or fail to defend their employment decisions.
The clause is not just about reporting; it also prohibits making staffing decisions that accommodate discriminatory foreign visa rules. A contractor cannot simply reassign or decline to hire someone because a host country may object to the person’s protected status.
Common pitfalls include failing to recognize that applicants are covered, assuming the clause applies only after a formal visa refusal, or overlooking the need to notify both agencies named in the clause.
Because the clause references OFCCP definitions, contractors should align internal policies, training, and investigation procedures with federal EEO standards rather than relying on informal or country-specific interpretations.
For contracting officers and compliance staff, the clause is a useful indicator that overseas performance may create civil rights and labor compliance issues; it should prompt attention to subcontract flowdown, staffing plans, and contractor reporting procedures.
Official Regulatory Text
As prescribed in 22.810 (g) , insert the following clause: Notification of Visa Denial (Apr 2015) (a) Definitions. As used in this clause- Gender identity has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html . Sexual orientation has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html . (b) Requirement to notify. (1) It is a violation of Executive Order 11246 for a Contractor to refuse to employ any applicant or not to assign any person hired in the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, or Wake Island, on the basis that the individual's race, color, religion, sex, sexual orientation, gender identity, or national origin is not compatible with the policies of the country where or for whom the work will be performed (41 CFR 60-1.10). (2) The Contractor shall notify the U.S. Department of State, Assistant Secretary, Bureau of Political-Military Affairs (PM), 2201 C Street NW, Room 6212, Washington, DC 20520, and the U.S. Department of Labor, Deputy Assistant Secretary for Federal Contract Compliance, when it has knowledge of any employee or potential employee being denied an entry visa to a country where this contract will be performed, and it believes the denial is attributable to the race, color, religion, sex, sexual orientation, gender identity, or national origin of the employee or potential employee. (End of clause)