
Country / Territory
Related contacts
Related offices
Related contacts
Related offices
Related contacts
Related offices
By: Rachel Beardsley
This year has presented significant immigration challenges for companies that utilize employment-based immigration to address workforce shortages. The global COVID-19 pandemic has resulted in numerous international travel bans, as governments attempt to slow the transmission of the virus, coupled with the temporary closure of U.S. Consulates, which has delayed the availability of visa stamp appointments in order for foreign nationals to obtain the necessary work visa to enter the U.S.
Further, in response to the negative economic impact of the pandemic, the Trump administration recently issued a proclamation banning the entry of H-1B, L-1 and certain J-1 visa holders, unless the individual was present in the U.S. or had a valid H-1B, L-1 or J-1 visa as of the effective date of the proclamation. These developments have imposed substantial roadblocks with respect to the ability of companies to transfer talent to the U.S. and have also resulted in situations in which foreign national employees continue to be stranded abroad, as they were outside of the U.S. when the pandemic struck and the resulting travel bans were implemented.
However, agricultural companies are well-positioned to weather these talent acquisition hardships, due to the critical nature of their business in providing food and other necessities for American families, as well as the visa categories routinely utilized for agricultural positions. Typically, a foreign national with a U.S. job offer must obtain a visa stamp from a U.S. Consulate abroad before entering the U.S. to commence employment. As such, the consular closures caused by the pandemic have delayed these foreign workers’ entry into the U.S. There is an exception, though, where it is possible to request an emergency appointment for someone who will serve as an essential or critical worker.
Throughout the pandemic, the U.S. government has recognized the key role that agribusiness plays in putting food on the table for Americans. As such, agricultural companies, such as livestock production companies, have been able to request consular discretion to schedule emergency visa appointments for critical agricultural workers.
As noted above, the recent presidential proclamation impacts the entry of H-1B professional workers, L-1 intracompany transfers and certain J-1 categories, including interns and trainees. The proclamation’s impact is momentous, as foreign nationals in these visa categories will not be able to enter the U.S. until after December 31, 2020, unless the person was physically in the U.S. on June 24, 2020 or, if outside of the U.S., held a valid visa in one of these categories as of the effective date.
While this will significantly hinder the transfer of talent to the U.S., agricultural companies are largely immune to the negative impact of this proclamation as there is an exemption for individuals entering to provide temporary labor or services essential to the U.S. food supply chain.
Consequently, agricultural companies will be eligible to request an exception for foreign national talent needed to support their operations.
Finally, employers in the agricultural sector are well-positioned to strategically withstand these pandemic-related immigration obstacles, due to their frequent utilization of the TN visa. Originally created under the former North American Free Trade Agreement (now the United States–Mexico–Canada Agreement), the TN visa is available to Canadian and Mexican nationals in certain occupational categories, including animal scientists, animal breeders, and veterinarians. Canadians may present the TN visa application directly at the border under a fast track application process, and Mexicans apply for the TN visa at a Consulate, with the current option of requesting an emergency appointment. Thus, the TN visa covers many positions that are directly relevant to agribusiness operations, and with generally a streamlined application process.
In summary, while the pandemic continues to pose novel issues for companies, the agribusiness industry continues to be able to rely on immigration for addressing any labor shortages for their critical U.S. operations.
For additional information on this issue, please reach out to me at [email protected] or your Fragomen immigration professional.
This blog was released on July 8, 2020 and, due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please visit our COVID-19 microsite, subscribe to our alerts and follow us on LinkedIn.
Country / Territory
Related contacts
Related offices
Related contacts
Related offices
Related contacts
Related offices
Explore more at Fragomen
Media mentions
Partner Charlotte Wills explains that treating compliance as a strategic function helps organisations anticipate risk, manage costs and strengthen workforce planning.
Awards
Partner Karolina Schiffter is ranked Band 1 in Immigration in the inaugural Chambers & Partners Poland guide, recognizing her leadership in advancing Fragomen’s Poland practice.
Media mentions
Manager Karnig Dukmajian
Media mentions
Senior Manager Géraldine Renaudière discusses planning for French residence and citizenship applications, including fees, translations and language or civic tests.
Video
Senior US Consular Manager Brian Simmons outlines key visa, ESTA and entry considerations for travelers planning to visit the US for the 2026 FIFA World Cup.
Media mentions
Manager Simon Magava and Immigration Consultant Inderjit Kaur examine sponsor licence revocations in the UK social care sector and their impact on workforce stability.
Blog post
Director Raj Mann explores how demographic change, artificial intelligence and global trade shifts are reshaping labour markets, workforce strategy and immigration policy in 2026.
Blog post
Immigration Supervisor Michael Salas Guzman explains the key eligibility requirements, documentation considerations and benefits of Costa Rica’s Pensionado residency program for retirees receiving lifetime pension income from abroad.
Media mentions
Senior Manager William Diaz outlines how US authorities evaluate prior criminal records under ESTA and what UK travellers need to know when completing their applications.
Awards
Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.

Media mentions
Managing Director Diogo Kloper highlights how Brazil’s new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.
Blog post
Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.
Media mentions
Partner Charlotte Wills explains that treating compliance as a strategic function helps organisations anticipate risk, manage costs and strengthen workforce planning.
Awards
Partner Karolina Schiffter is ranked Band 1 in Immigration in the inaugural Chambers & Partners Poland guide, recognizing her leadership in advancing Fragomen’s Poland practice.
Media mentions
Manager Karnig Dukmajian
Media mentions
Senior Manager Géraldine Renaudière discusses planning for French residence and citizenship applications, including fees, translations and language or civic tests.
Video
Senior US Consular Manager Brian Simmons outlines key visa, ESTA and entry considerations for travelers planning to visit the US for the 2026 FIFA World Cup.
Media mentions
Manager Simon Magava and Immigration Consultant Inderjit Kaur examine sponsor licence revocations in the UK social care sector and their impact on workforce stability.
Blog post
Director Raj Mann explores how demographic change, artificial intelligence and global trade shifts are reshaping labour markets, workforce strategy and immigration policy in 2026.
Blog post
Immigration Supervisor Michael Salas Guzman explains the key eligibility requirements, documentation considerations and benefits of Costa Rica’s Pensionado residency program for retirees receiving lifetime pension income from abroad.
Media mentions
Senior Manager William Diaz outlines how US authorities evaluate prior criminal records under ESTA and what UK travellers need to know when completing their applications.
Awards
Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.

Media mentions
Managing Director Diogo Kloper highlights how Brazil’s new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.
Blog post
Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.

