• Insights

COVID-19 and the Agriculture Sector

July 8, 2020

Rachel-Beardsley

Country / Territory

  • United StatesUnited States

Related contacts

Photo of Rachel Beardsley

Rachel Beardsley

Partner

Fragomen in San Francisco, CA, United States

Email

[email protected]

T:+1 212 891 7532

Related offices

  • Fragomen in New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Rachel Beardsley

Rachel Beardsley

Partner

Fragomen in San Francisco, CA, United States

Email

[email protected]

T:+1 212 891 7532

Related offices

  • Fragomen in New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Rachel Beardsley

Rachel Beardsley

Partner

Fragomen in San Francisco, CA, United States

Email

[email protected]

T:+1 212 891 7532

Related offices

  • Fragomen in New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

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

  • United StatesUnited States

Related contacts

Photo of Rachel Beardsley

Rachel Beardsley

Partner

Fragomen in San Francisco, CA, United States

Email

[email protected]

T:+1 212 891 7532

Related offices

  • Fragomen in New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Rachel Beardsley

Rachel Beardsley

Partner

Fragomen in San Francisco, CA, United States

Email

[email protected]

T:+1 212 891 7532

Related offices

  • Fragomen in New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Rachel Beardsley

Rachel Beardsley

Partner

Fragomen in San Francisco, CA, United States

Email

[email protected]

T:+1 212 891 7532

Related offices

  • Fragomen in New York, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Arabian Gulf Business Insight: Corporate Relocations to the Gulf Retain Appeal

Partner Abeer Al Husseini discusses evolving corporate relocation strategies and sustained demand for moves to the Gulf.

Learn more

Blog post

Business Immigration After the Midterms (Part 3): Four Scenarios and What Employers Should Do Now

Partner K. Edward Raleigh analyzes post‑midterm business immigration risks in Part 3 of this blog series, outlining four possible election outcomes and the practical steps employers should take to prepare for increased enforcement and scrutiny.

Learn more

Media mentions

People Management: Can the Government Stop Overseas Employees Visiting the UK?

Partner Natasha Catterson explains how the UK ETA scheme is changing business travel by requiring pre-travel digital approval for many visa-exempt visitors.

Learn more

Media mentions

The PIE: Trump’s $100,000 H-1B fee ruled unlawful

Partner K. Edward Raleigh discusses the recent H-1B fee ruling and the potential for further appeals.

Learn more

Media mentions

Bloomberg Law: Congress’ Taxing Power Key to Trump Loss on $100,000 H-1B Fee

Partner Bo Cooper discussed a federal court decision vacating the $100,000 H-1B fee and noted that further legal proceedings are likely to shape the policy’s future.

Learn more

Blog post

Separating Fact and Fiction: Debunking Myths in German Immigration Law

Manager Adela Schmidt examines common misconceptions in German immigration law, including EU Blue Card mobility, short-term work permissions, residence permit extensions and communication with immigration authorities.

Learn more

Media mentions

Arbeit und Arbeitsrecht: § 45c AufenthG – Gut gemeint, aber lückenhaft?

Frankfurt Managing Partner Axel Boysen examines Germany's new Section 45c requirements and highlights key compliance considerations for employers recruiting talent from abroad.

Learn more

Video

Mexico Entry Requirements for the 2026 FIFA World Cup | #MobilityMinute

Senior Manager Sergio Flores discusses key immigration and travel considerations for individuals planning to visit Mexico during the FIFA World Cup 2026™, including visa waiver status, passport validity, FMM documentation and potential work-related visa requirements.

Learn more

Media mentions

PitchBook: Trump’s $100K H-1B Fee Was Meant to Slow Foreign Tech Hiring. It May Not Be Working.

Partner Audrea Golding discusses how top-funded startups may have greater flexibility in managing H-1B costs amid evolving hiring dynamics.

Learn more

Video

Swiss Naturalization: Understanding the Framework | #MobilityMinute

Manager Mihaela Dumitru discusses the Swiss citizenship process, including the authorities involved, key naturalization routes and why early planning is important.

Learn more

Video

UAE Hiring Update: Degree Equivalency | #MobilityMinute

In this Mobility Minute, Manager Minu Joseph discusses how academic qualification recognition is shaping hiring and workforce mobility in the United Arab Emirates and what employers should consider when planning international talent transfers.

Learn more

Fragomen news

Fragomen Earns Top Rankings in Chambers USA 2026

Fragomen earned top national and regional rankings in Chambers USA 2026, including its 13th consecutive year in Band 1 nationwide.

Learn more

Media mentions

Arabian Gulf Business Insight: Corporate Relocations to the Gulf Retain Appeal

Partner Abeer Al Husseini discusses evolving corporate relocation strategies and sustained demand for moves to the Gulf.

Learn more

Blog post

Business Immigration After the Midterms (Part 3): Four Scenarios and What Employers Should Do Now

Partner K. Edward Raleigh analyzes post‑midterm business immigration risks in Part 3 of this blog series, outlining four possible election outcomes and the practical steps employers should take to prepare for increased enforcement and scrutiny.

Learn more

Media mentions

People Management: Can the Government Stop Overseas Employees Visiting the UK?

Partner Natasha Catterson explains how the UK ETA scheme is changing business travel by requiring pre-travel digital approval for many visa-exempt visitors.

Learn more

Media mentions

The PIE: Trump’s $100,000 H-1B fee ruled unlawful

Partner K. Edward Raleigh discusses the recent H-1B fee ruling and the potential for further appeals.

Learn more

Media mentions

Bloomberg Law: Congress’ Taxing Power Key to Trump Loss on $100,000 H-1B Fee

Partner Bo Cooper discussed a federal court decision vacating the $100,000 H-1B fee and noted that further legal proceedings are likely to shape the policy’s future.

Learn more

Blog post

Separating Fact and Fiction: Debunking Myths in German Immigration Law

Manager Adela Schmidt examines common misconceptions in German immigration law, including EU Blue Card mobility, short-term work permissions, residence permit extensions and communication with immigration authorities.

Learn more

Media mentions

Arbeit und Arbeitsrecht: § 45c AufenthG – Gut gemeint, aber lückenhaft?

Frankfurt Managing Partner Axel Boysen examines Germany's new Section 45c requirements and highlights key compliance considerations for employers recruiting talent from abroad.

Learn more

Video

Mexico Entry Requirements for the 2026 FIFA World Cup | #MobilityMinute

Senior Manager Sergio Flores discusses key immigration and travel considerations for individuals planning to visit Mexico during the FIFA World Cup 2026™, including visa waiver status, passport validity, FMM documentation and potential work-related visa requirements.

Learn more

Media mentions

PitchBook: Trump’s $100K H-1B Fee Was Meant to Slow Foreign Tech Hiring. It May Not Be Working.

Partner Audrea Golding discusses how top-funded startups may have greater flexibility in managing H-1B costs amid evolving hiring dynamics.

Learn more

Video

Swiss Naturalization: Understanding the Framework | #MobilityMinute

Manager Mihaela Dumitru discusses the Swiss citizenship process, including the authorities involved, key naturalization routes and why early planning is important.

Learn more

Video

UAE Hiring Update: Degree Equivalency | #MobilityMinute

In this Mobility Minute, Manager Minu Joseph discusses how academic qualification recognition is shaping hiring and workforce mobility in the United Arab Emirates and what employers should consider when planning international talent transfers.

Learn more

Fragomen news

Fragomen Earns Top Rankings in Chambers USA 2026

Fragomen earned top national and regional rankings in Chambers USA 2026, including its 13th consecutive year in Band 1 nationwide.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
June 10, 2026 | 🌐Minimum Salary Changes Announced
June 10, 2026 | Saudi ArabiaArabian Gulf Business Insight: Corporate Relocations to the Gulf Retain Appeal
June 10, 2026 | Costa RicaCosta Rica: Special Permit for Colombian, Cuban, Nicaraguan and Venezuelan Nationals Introduced
June 10, 2026 | EstoniaEstonia: Significant Immigration Reforms Increase Foreign Worker Employment Flexibility
June 10, 2026 | KuwaitKuwait: Commercial Visit Visa Issuance Temporarily Suspended
June 10, 2026 | 🌐Minimum Salary Changes Announced
June 10, 2026 | Saudi ArabiaArabian Gulf Business Insight: Corporate Relocations to the Gulf Retain Appeal
June 10, 2026 | Costa RicaCosta Rica: Special Permit for Colombian, Cuban, Nicaraguan and Venezuelan Nationals Introduced
June 10, 2026 | EstoniaEstonia: Significant Immigration Reforms Increase Foreign Worker Employment Flexibility
June 10, 2026 | KuwaitKuwait: Commercial Visit Visa Issuance Temporarily Suspended
June 10, 2026 | 🌐Minimum Salary Changes Announced
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.