Henry M. Mascia
Partner
Henry M. Mascia
Partner
Henry delivers practical solutions for executives, investors, and other business leaders. His appellate work has produced victories for the firm’s clients in several cases of first impression that carried industry-wide implications. Business leaders navigating the complexities of the immigration system rely on Henry’s ability to craft creative solutions.
Contact
Email: [email protected]
Phone: (212) 455-9566
Fax: (212) 687-9044
477 Madison Ave., Suite 410
New York, NY, 10022
Practice Groups
Bar Admission
New York
Henry M. Mascia is a civil litigator and immigration attorney. As a litigator, Henry drafts and argues appeals and litigates a variety of civil matters in federal and state courts.
As an immigration attorney, Henry helps corporations and individuals navigate the labyrinth of U.S. immigration law. Henry represents clients seeking H-1B visas for highly skilled workers in specialty occupations, L visas for intra-company transfers engaged in specialized employment, O visas foreign nationals with extraordinary ability, E visas for treaty traders and investors, P Visas for entertainers and athletes, and TN visas for highly skilled Mexican and Canadian professionals. Henry also represents individuals seeking to sponsor family members to become lawful permanent residents and advises corporate clients on compliance with E-Verify and Employment Eligibility Verification, Form I-9.
Before joining Rivkin Radler, Henry worked as an attorney advisor at the U.S. Department of Justice’s Executive Office for Immigration Review, colloquially known as the Immigration Court. As an attorney advisor, Henry drafted opinions and memoranda for all three immigration judges at the Varick Street Immigration Court and for the immigration judge of the Institutional Removal Program. He provided in-hearing advice on issues related to removability and statutory eligibility for relief. Henry also trained immigration judges, law clerks, and interns on the immigration consequences of criminal convictions.
From 2009 to 2011, Henry served as a law clerk at the New York Court of Appeals. In this capacity, he wrote motion reports for civil motions for leave to appeal, recommending whether to grant, deny, or dismiss leave. He also drafted memorandum opinions for civil appeals selected for alternative procedure.
Henry has written several legal articles, including, “A Reconsideration of Haitian Claims for Withholding of Removal under the Convention Against Torture,” 19 Pace Int’l L. Rev. 287 (2007), and “Book Note,” 1 J. Ct. Innovation 169 (Winter 2008) (reviewing Franklin Zimring, The Great American Crime Decline (2007)).
During law school, Henry served as articles editor for the Pace International Law Review and as senior student editor for the Journal of Court Innovation. He received the Dean’s Award for academic excellence, leadership, and service to the law school and community.
Bar Affiliations
New York State Bar Association
Education
Pace University School of Law, J.D., magna cum laude
Messiah College, B.A., Spanish Business, magna cum laude
News & Publications
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54 Rivkin Radler Attorneys Named 2025 New York Metro Super Lawyers®/Rising Stars
October 30 | 2025 -
Proclamation Restricting Entry of Certain H-1B Nonimmigrant Workers
September 22 | 2025 -
Mascia Quoted on Doctor Deportation Case
April 2 | 2025
View All Publications
Webinars
- Welcome to the ICE Age—A New Era of Immigration Enforcement
February 27 | 2025 - Health Law Executive Briefings: The Evolving Opportunities to Strategically Partner or Sell Your Practice
March 27 | 2025
Active in the New York State Bar Association, Henry serves on the Committee on Courts of Appellate Jurisdiction. He is also president of the Board of Directors at Friends of New York City Nurse-Family Partnership.
Super Lawyers named Henry a Rising Star in the Metropolitan New York area from 2017 to 2020. In 2017, Henry received the Leadership in Law Award at the Associate level from Long Island Business News, the New York State Bar Association’s President’s Pro Bono Award, and was named Pro Bono Attorney of the Year by Touro College Jacob D. Fuchsberg Law Center. In 2016, Henry received the Long Island Business News Millennial Award.
Henry’s appellate advocacy has resulted in numerous seminal decisions:
- Cohen v Rosicki, 897 F.3d 75 (2d Cir. 2018) (holding that 15 U.S.C. § 1692e prohibits false, deceptive or misleading statements but only if those statements are material and would mislead the least sophisticated consumer and that the pleading exception to 15 U.S.C. § 1692g includes a request for judicial intervention (RJI) and a certificate of merit);
- Louati v State Farm, 161 AD3d 701 (1st Dept 2017) (holding that an insured cannot demand appraisal if coverage issues remain outstanding);
- Mahoney v Brockbank, 142 AD3d 200 (2d Dept 2016) (holding that pre-judgment interest under CPLR 5002 does not begin to accrue at the time of a stipulation on liability);
- Government Empls. Ins. Co. v. Avanguard Med. Group, PLLC, 27 NY3d 22 (2016) (holding that the No-Fault law does not require insurers to pay office-based surgery practices a “facility fee”);
- State Farm v. Fitzgerald, 25 NY3d 960 (2015) (holding that the mandatory supplementary uninsured/underinsured motorist endorsement, prescribed by Insurance Law § 3420 (f) (2) (A), exempts “police vehicles” from the definition of the term “motor vehicle” in the endorsement and the policy);
- Nesmith v. Allstate, 24 NY3d 520 (2014) (holding that that the non-cumulation language in Allstate’s policy limited Allstate’s liability to a single policy).
