Rizzo, Danielle M.

Danielle focuses on United States immigration and nationality law and on employment-based immigration. She represents U.S. companies and their foreign national workforce in navigating the processes for visa and permanent residency applications. She also represents foreign traders and investors seeking work authorization in the United States, as well as Canadian citizens seeking entry to the United States under the U.S. Mexico-Canada-America free trade agreement (USMCA). She helps immigrants find legal paths of entry by filing petitions with U.S. Citizenship and Immigration Services, preparing foreign nationals for visa interviews at U.S. embassies, and navigating land and air ports of entry to the United States.

Representative Matters

Represents Canadian and Mexican citizens seeking admission to the United States under NAFTA/ USCMCA TN and L-1 visa categories and assists clients with resolving border issues.
Represents clients in the Engineering and IT consulting fields in navigating third party placement rules for H-1B visas.
Partners with litigators to challenge USCIS adjudications in federal court.
Represents institutions of higher education, including use of Special Handling for PERM labor certification.
Represents multinational corporations from start-ups to worldwide organizations seeking to transfer employees to the U.S.

Professional and Civic

Danielle is active in the American Immigration Lawyers Association (AILA) in the following volunteer roles:

AILA Business Section Steering Committee, vice chair, 2021-2022
AILA Business Section Steering Committee, member, 2020-2021
AILA Department of Labor (DOL) Liaison Committee, member, 2019 – 2020
CBP National Liaison Committee, member & immediate past chair, June 2018-2019
CBP National Liaison Committee, chair, April 2016 – June 2018
Paralegals Conference Planning Committee, chair, 2015 – 2016
CBP National Liaison Committee, vice chair, June 2014 – April 2016
CBP National Liaison Committee, member, June 2013 – June 2014
AILA National Publications Committee, chair, June 2013 – June 2015
AILA National Publications Committee, member, June 2011 – June 2014
Upstate New York AILA Chapter, chair, vice chair and treasurer, 2008 – 2013
Upstate New York AILA Chapter CLE Annual Program, Coordinator, 2011 – 2013

Recognition

Super Lawyers, Immigration: Business, since 2020
Buffalo Business First 40 Under 40, 2018
President’s Commendation Award, American Immigration Lawyers Association, 2017
Who’s Who Legal, Corporate Immigration, 2016
Best Lawyers, Immigration Law, since 2013
Best Lawyers, Lawyer of the Year, Immigration Law, 2017 and 2019

Industry Teams

Cannabis

Health Care

Higher Education

Science and Technology

Veterinary Medicine

State University of New York at Buffalo School of Law

2006

Houghton College

2001

summa cum laude

April 14, 2023

USCIS Updates Guidance on Demonstrating Ability to Pay Prospective Employees

U.S. employers are required to pay the wage listed in an employment-based first, second or third preference I-140 immigrant petition.

April 6, 2023

USCIS Updates Child Status Protection Act Age Calculation for Adjustment of Status Applicants

United States Citizenship and Immigration is updating the method which calculates a child’s age under the Child Status Protection Act.

January 25, 2023

USCIS To Bundle Adjudication of H-4 Visa Applications, H-4 EAD Applications with H-1B Petition When Filed Together

USCIS to bundle adjudication of applications for H-4 status and H-4 EAD applications with the adjudication of the principal’s H-1B petition

November 16, 2022

New York City Pay Transparency Law To Affect Employers Hiring In NYC And Labor Certifications For Foreign National Employees

As of November 1, 2022, most employers in New York City must comply with the City’s new pay transparency legislation.

September 1, 2022

Citizenship and Immigration Services Updates Policy on Unlawful Presence Bars

On June 24, 2022, U.S. Citizenship and Immigration Services issued new guidance in its Policy Manual on inadmissibility under section 212(a)

August 11, 2022

Be Alert if Relying on Prior Employers’ I-140 Approvals to Extend H-1B Status

When U.S. employers hire a foreign worker who is maintaining H-1B status with another employer, they are required to file an H-1B transfer p

July 22, 2022

How Should Employers Handle a Lapse in an Employee’s EAD Validity Period?

Employment Authorization Documents (“EAD cards”) authorize certain foreign nationals to work in the United States during their validity peri

May 3, 2022

USCIS Announces Temporary Increase to EAD Automatic Extension Periods

Today USCIS has released a Temporary Final Rule (TFR) that is scheduled to be published in the Federal Register tomorrow, May 4, 2022, and w

April 25, 2022

Jason Abrams, L.J. D’Arrigo, Danielle Rizzo to Lead Panels at American Immigration Lawyers Association Annual Conference

Three Harris Beach Partners have accepted invitations to speak at the American Immigration Lawyers Association’s Annual Conference in New Yo

March 29, 2022

USCIS Issues Counter-Intuitive Guidance on Documenting Employment Authorization for Dependent E or L Spouses for I-9 Purposes

We previously reported that USCIS reached a settlement agreement that allows the spouses of foreign nationals holding E-1, E-2, E-3, and L-1

December 20, 2021

USCIS Settlement Agreement Reduces or Eliminates Wait Time for Spouses of H-4 and L-2 Visa Holders

Pandemic-related slow-downs in U.S. Citizenship and Immigration Services processing times have continued late into 2021. USCIS pandemic prot

November 29, 2021

USCIS Settlement Agreement Reduces or Eliminates Wait Time for Spouses of H-4 and L-2 Visa Holders

Pandemic-related slow-downs in U.S. Citizenship and Immigration Services processing times have continued late into 2021. USCIS pandemic prot

October 31, 2021

United States to Lift All Geographically Based COVID-19 Travel Restrictions

In September, the White House announced that it would lift all of the geographic-based travel bans as of November 8, 2021. As we previously

October 31, 2021

How to Obtain a Vaccine Waiver for Immigration Medical Exam

All applicants for lawful permanent residency in the United States are required to submit to a medical examination to ensure that they are n

October 31, 2021

Reminder: H-1B Employers Must Withhold FICA

October 1 marks the beginning of the federal government’s fiscal year, as well as the H-1B employment start date for thousands of workers. M

October 10, 2021

Roundup of Current Travel Bans, Consular Closures and Visa Issuance Delays

In March 2020, the U.S. Department of State (“DOS”) announced the suspension of routine visa services at all U.S. embassies and consulates w

June 18, 2021

AILA Conference Yields Insights on Immigration

New administration, new challenges, new opportunities. That was the theme of last week’s American Immigration Lawyers Association Annual Con

April 30, 2021

USCIS Reverses “No Deference” Policy on Prior Determinations

In a welcome reversal of a Trump-era policy decision, on April 27, 2021, U.S. Citizenship & Immigration Services (USCIS) announced that it i

April 27, 2021

Immigration Consequences of Passive Investment in the Legal Cannabis Industry

The recent legalization of adult-use cannabis in New York State has created enormous economic opportunity in the state, but taking advantage

April 21, 2021

Cap Closed: USCIS Notifies Selected H-1B Cap Registrants

The H-1B cap selection process has ended and the race to file petitions for selected registrants has begun. USCIS announced that on March 3

March 17, 2021

USCIS To Allow Employers Another Chance at Certain H-1B Denials

On Friday, March 12, 2021, U.S. Citizenship & Immigration Services (USCIS) announced that it may reopen and/or reconsider the denial of prev

March 11, 2021

USCIS Stops Enforcing Charge Rule: Intending Immigrants No Longer Need to Pass Wealth Test

On March 9, 2021, the Department of Homeland Security (DHS) announced that it will no longer seek judicial review of any court decisions inv

February 25, 2021

Rescission of “Immigrant Visa Ban”

In its latest action to reverse Trump-era immigration policies, on February 24, 2021, the Biden Administration rescinded Presidential Procla

February 24, 2021

USCIS Announces Premium Processing for E-3 Visa Petitions for Australian Nationals

On February 24, 2021, USCIS announced it is adding I-129 petitions for E-3 status to the list of case types eligible for Premium Processing.

February 23, 2021

Biden Immigration Bill: What it Means for Employment-based Immigration

On Thursday, February 18, House Democrats introduced the Biden Administration’s Immigration Bill “The U.S. Citizenship Act.” This is an amb

February 22, 2021

Recent Presidential Executive Orders – a Recap and Key Takeaways

Early in his presidency, Joe Biden brought the U.S. Citizenship Act of 2021 to Congress and revealed its highlights at https://www.whitehous

February 7, 2021

USCIS Announces H-1B Lottery Season for FY2022

On Feb. 5, 2021, USCIS announced that the H-1B cap registration process for this year will open on March 9, 2021 and close on March 25, 2021

December 22, 2020

USCIS Delays Caused by COVID-19

States Citizenship & Immigration Services (“USCIS”) operations. We previously reported on the impact of COVID-related office closures on U.S

November 25, 2020

Insight into the Biden Administration’s Immigration Plan

President-Elect Joe Biden’s January inauguration is fast approaching, and he has proposed one of the most robust and ambitious immigration p

November 23, 2020

Radical Change to H-1B Lottery Process Proposed by Trump Administration

On November 2, 2020, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking (NPRM) to effectively end the ran

October 13, 2020

New H-1B Rule Takes Immediate Effect

The Department of Homeland Security (DHS) H-1B Strengthening Rule and Department of Labor (DOL) Prevailing Wage Interim Final Rules were pub

October 7, 2020

New H-1B Rule to Be Published on Oct. 8; Set for Immediate Effect

The Department of Homeland Security (DHS) H-1B Strengthening Rule and Department of Labor (DOL) Prevailing Wage Interim Final Rules will be

September 30, 2020

Seasonal Business Labor & Immigration Webinar Offers Guidance on H-2B, H-2A and Permanent Foreign Labor Options

One of the most pressing issues facing seasonal businesses continues to be labor – specifically how to secure reliable employees to fill sea

September 22, 2020

USCIS to Increase Filing Fees, Implement Revised Benefit Request Forms

Beginning October 2, 2020, U.S. Citizenship & Immigration Services (USCIS) will be increasing its filing fees for many of the most commonly

September 16, 2020

Danielle Rizzo To Serve as Panelist on Cross-Border Family Webinar

Danielle Rizzo, Buffalo attorney and co-leader of the Harris Beach Immigration Practice Group, will participate in an upcoming webinar title

July 27, 2020

News Flash: Updated Information on COVID-Related Government Office Closures

In March 2020, the U.S. Department of State announced suspension of routine visa services in light of the global pandemic. On July 14, the a

July 18, 2020

U.S. Department of State Issues Guidance on New Exceptions to COVID-Related Travel Restrictions

On July 16 and 17, 2020, the U.S. Department of State (“DOS”) announced changes to two existing COVID-related travel restrictions. The first

July 8, 2020

New Restrictions Placed on Student Visa Program Will Impact Foreign Students and Universities

On July 6, 2020, the Trump Administration announced that due to continued public safety concerns surrounding COVID-19, it is imposing far-re

June 30, 2020

USCIS Poised to Furlough 65 Percent of Employees

The Deputy Director for Policy at U.S. Citizenship and Immigration Services (“USCIS”) issued a statement on June 25, 2020 indicating that if

June 23, 2020

U.S. Immigration Further Restricted Through End of 2020

On Monday, June 22, 2020, President Donald Trump signed a “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Mark

June 22, 2020

How the Extended Closure of the U.S.-Canada Land Border Is Impacting Business Travelers

On March 20, 2020, due to the global pandemic, U.S. and Canadian officials mutually agreed that non-essential travel between the United Stat

June 3, 2020

Danielle Rizzo to Lead Discussion on TN Status Holders During AILA Webinar

Harris Beach immigration attorney Danielle Rizzo will be a discussion leader during the upcoming American International Lawyers Association

April 3, 2020

Week in Review: Recent COVID-19-Related Immigration Insights

The COVID-19 pandemic has impacted nearly every facet of immigration policies and procedures. This week our immigration attorneys took deep

March 30, 2020

Employers Seek Clarity for H-1B Compliance During COVID-19

Employers of H-1B workers are subject to U.S. Department of Labor regulations designed to protect the jobs of U.S. workers. Those regulation

February 3, 2020

Coronavirus Travel Ban Goes Into Effect

On January 31, 2020, President Trump issued a “Proclamation on Suspension of Entry as Immigrants and Nonimmigrants of Persons who Pose a Ris

January 23, 2020

Deterioration of U.S.-Iran Relations Impacts U.S. Immigration for Iranian Nationals

Escalating tensions between the U.S. and Iran are significantly impacting the ability of Iranian nationals to immigrate to, or remain in, th

January 18, 2020

Permanent Residency Applicants May Face Questions About Recreational Marijuana Use

Immigration attorneys in states where marijuana is legal for recreational purposes have recently reported that their clients are now being q

December 30, 2019

Proposed Fee Increase for Certain Visas Will Impact Immigration in 2020

On November 14, 2019 the Trump Administration proposed increasing the cost of filing many types of non-immigrant and immigrant visa applicat

December 12, 2019

USCIS Implements $10 H-1B Registration Fee for Cap-Subject Cases

On November 8, 2019, USCIS published a Final Rule in the Federal Register implementing a new registration fee requirement for those employer

September 6, 2019

Despite New DHS Rules, Immigrant Children Remain Eligible for Free and Reduced School Meals

Receiving free or reduced school breakfasts or lunches would not render immigrant children ineligible for green cards or other immigration b

August 21, 2019

DHS Publishes Final Rule Reinterpreting Public Charge Ground of Inadmissibility

On August 14, 2019, the Department of Homeland Security (DHS) published a Final Rule in the Federal Register, announcing changes to longstan

August 16, 2019

DHS Expands Expedited Removal into Full Interior of U.S.

On July 23, 2019, the Secretary of the Department of Homeland Security (hereinafter, “DHS”) published a Notice in the Federal Register annou

June 6, 2019

DOL Wage and Hour Audit: Lessons from the Backstretch

The recent U.S. Department of Labor Wage and Hour (WHD) investigation outcome of leading thoroughbred trainer Chad Brown has rocked the raci

May 22, 2019

Exemptions to H-1B Cap May Lead to Jackpot Without Winning Lottery

As another H-1B cap season comes and goes, tens of thousands of hopeful employers and employees will again be informed that their H-1B visa

May 15, 2019

Backlog for Physician Visas Poses Dilemma for Indian Nationals

There are two main paths to Permanent Residency, or green card, for foreign national physicians. The first is the Physician National Intere

May 9, 2019

Can Naturalized U.S. Citizens Hold Dual Citizenship? It Depends!

When lawful permanent residents in the United States apply for naturalization to U.S. citizenship, the naturalization process culminates wit

April 24, 2019

H-1B Visa Denial Rates Skyrocket to 10-Year High

The denial rate for H-1B petitions spiked through the first quarter of Fiscal Year 2019 to over five times what the rate was just four years

April 22, 2019

USCIS Policy Manual Updated to Bar Naturalization for Those Involved in Legal Cannabis Industry

On April 19, 2019, United States Citizenship & Immigration Services (USCIS) announced that the agency is updating its Policy Manual to clari

April 19, 2019

The Doctor is Out. Are Immigration Laws to Blame?

The United States health care system is struggling with an acute shortage of doctors. What does that have to do with immigration? The short

April 12, 2019

Newsflash: USCIS Reaches FY2020 H-1B Cap

On April 10, USCIS announced that they have reached the annual cap for the H-1B lottery. According to the announcement, USCIS received 201,0

April 11, 2019

Proposed New Legislation Will Impact Medically Underserved Areas and Physician Immigration

New legislation impacting international medical graduates would extend the Conrad State 30 program until 2021, improve the process for obtai

April 5, 2019

The New ICE Age: Labor and Immigration Enforcement

The need for a reliable and legal workforce is of utmost importance to the landscaping industry, as well as other seasonal business. I hear

April 5, 2019

Crossing the Line? Immigration Consequences of Marijuana Use

In 2018, marijuana was legalized for recreational use nationwide in Canada. New York state is also in the process of legalizing marijuana fo

April 5, 2019

Rule to Eliminate H-4 EAD Work Authorization Under Review by OMB

The Trump administration may eliminate an opportunity for spouses and children of H-1B workers to work in the United States while waiting fo

April 5, 2019

It’s H-1B Cap Season and the Tech Corridor is Full of Anxious Skilled Workers

It’s March and here we are in the middle of another H-1B cap season. So I did what I do almost every day this time of year: I got up to head

September 20, 2018

With Marijuana Still Illegal in U.S., Personal Use or Involvement in Cannabis Industry Can Affect Entry at Border

As the legal landscape of marijuana use shifts in both the United States and Canada, new questions arise as to the impact of drug use on adm

May 26, 2022

Legal Alert from Partner Danielle Rizzo Cited in “Cannabis and Immigration”

Boundless is a San Francisco-based startup that seeks to simplify the process of applying for a marriage-based Green Card and K-1 fiancé vis

October 15, 2021

72 Attorneys from Harris Beach Recognized in 2021 Edition of Super Lawyers

Partners, senior counsel and associates from Harris Beach PLLC offices across New York have been named to the 2021 edition of Super Lawyers,

June 8, 2021

Four Harris Beach Immigration Attorneys Presenting at American Immigration Lawyers Association

Four members of the Harris Beach Immigration Law Practice Group have been invited to present at the American Immigration Lawyers Association

July 16, 2020

Danielle Rizzo Offers Perspective on Border Searches of Electronic Devices

In an article for Immigration Briefings, a Thompson Reuters publication, Buffalo attorney Danielle Rizzo shares thoughts on searching travel

June 24, 2020

Danielle Rizzo Comments on Immigration Order

As anticipated, President Donald Trump this week issued a new Executive Order that will restrict visas for foreign workers, at least through

February 7, 2020

Danielle Rizzo Discusses CBP Designation

Partner Dani Rizzo of our immigration law team spoke to an NBC News Digital reporter this week about the recent proposal to classify the Cus

January 2, 2019

Harris Beach Elects Seven Attorneys as Partners in 2019

Attorneys Rachel C. Baranello, Christopher H. Feldman, Allison B. Fiut, Francis L. Gorman, III, Melanie C. Marotto, Omar Nasar and Danielle

August 15, 2018

63 Harris Beach Attorneys Named to Best Lawyers® List

A total of 63 attorneys from Harris Beach PLLC have made the 2019 edition of The Best Lawyers in America, the oldest guide of its kind in th

April 25, 2022

Jason Abrams, L.J. D’Arrigo, Danielle Rizzo to Lead Panels at American Immigration Lawyers Association Annual Conference

Three Harris Beach Partners have accepted invitations to speak at the American Immigration Lawyers Association’s Annual Conference in New Yo

April 11, 2022

Danielle Rizzo to Lead Panel Discussion at American Immigration Lawyer’s Association Business Immigration Roundtable

On March 14, 2022, in her role as Vice Chair of the American Immigration Lawyer’s Association’s Business Section Steering Committee, Dani Ri

July 2, 2021

Danielle Rizzo to Present American Immigration Lawyers Association Webinar on Trends in PERM-Based I-140 RFEs and NOIDs

On July 20, 2021, Dani Rizzo will be speaking on a webinar for the American Immigration Lawyers Association on, “Recent Trends in USCIS Requ

May 19, 2021

Danielle Rizzo Presenting Invest Buffalo Niagara Webinar: Doing Business in the U.S. – Virtual Expansion Planning with the Experts

Dani will present a webinar in partnership with Invest Buffalo Niagara on June 1 from 1:00 – 2:00 p.m. EST. A description of what this webin

September 18, 2020

Speaker: NAFTA/ USMCA: The Current State of Play at the Southern and Northern Borders (AILA Annual Conference, June 10, 2021)

Panelist: TN Status Holders: Avoiding Preconceived Intent and Applying for LPR Status (webinar, AILA, July 9, 2020)

September 1, 2019

Publication: Expedited Removal: The History of the Concept and Constitutional Problems with Its Expansion (Immigration Briefings)

Speaker: U.S. Customs & Border Protection policies and issues (CLE, AILA Annual Conference, June 2018 and June 2019)

Speaker: NAFTA TN and L-1 Adjudications at the Northern Border (CLE, AILA Ohio Chapter Conference, October 2018)

August 1, 2018

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Danielle M. Rizzo

Member

State University of New York at Buffalo School of Law

Houghton College

Speaker: NAFTA/ USMCA: The Current State of Play at the Southern and Northern Borders (AILA Annual Conference, June 10, 2021)

Panelist: TN Status Holders: Avoiding Preconceived Intent and Applying for LPR Status (webinar, AILA, July 9, 2020)

Publication: Expedited Removal: The History of the Concept and Constitutional Problems with Its Expansion (Immigration Briefings)

Speaker: U.S. Customs & Border Protection policies and issues (CLE, AILA Annual Conference, June 2018 and June 2019)

Speaker: NAFTA TN and L-1 Adjudications at the Northern Border (CLE, AILA Ohio Chapter Conference, October 2018)

Speaker: What Is A “Specialty Occupation” Required for H-1B Status? A Historical Overview of Evolving Legal Interpretations (Immigration Briefings)

Speaker: Spoke on border issues for international students (NAFSA Annual Conference, June 2018)

Panelist: U.S. Customs and Border Protection policies and issues (AILA Spring Conference, April 2018)

Danielle M. Rizzo

■ Areas of Expertise

Industry Teams

■ Profile

■ Representative Matters

■ Professional and Civic

■ Admissions

■ Education

Offices throughout New York:

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