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Diana Morales McFarland

Diana Morales McFarland


Diana’s passion for immigration law is apparent in her strategic representation of those faced with immigration struggles.  For over 10 years, she has provided counsel and representation on immigration issues to businesses, immigrants and their families from all over the world, helping them navigate the ins and outs of various immigration issues.  As McGrath North’s leader of this practice, Diana works with a broad range of immigrant and nonimmigrant petitions and provides guidance and training to corporate clients of all sizes on worksite enforcement issues, I-9 employment verification matters, and developing and implementing immigration policies and protocols.

Working side by side with our labor and employment attorneys, our paraprofessional support, and utilizing state of the art technology, Diana has been successful in developing and managing creative, cost effective and sound legal strategies for diverse clients ranging from small startups to large global organization and individuals in all facets of immigration law that includes:

Nonimmigrant Visas:

  • B Visas (Business visitors)
  • E-1 and E-2 Visas (Treaty traders and treaty investors)
  • E-3 Visas (Australian specialty workers)
  • H-1B Visas (Specialty occupations)
  • H-4 Visas (Immediate family members of H-1B visa holder)
  • J-1 Visas (Exchange visitors)
  • L-1 Visas (Intracompany transferees – executives and managers)
  • O/P Visas (Persons with extraordinary ability in sciences, arts, education, business or athletics)
  • R-1 Visas (Religious workers)
  • TN (Treaty national visas under NAFTA, now USMCA (United States Mexico Canada Agreement))

Immigrant Visas/Lawful Permanent Residents:

  • Employment-based immigrant petitions
  • Family-based immigrant petitions
  • Fiancé visas


  • DACA (Deferred Action for Childhood Arrivals)
  • VAWA (Victims of domestic violence)
  • U Visas (Victims of violent crimes)
  • T Visas (Victims of trafficking)
  • SIJS (Special Immigrant Juvenile Status)
  • Waivers
  • Removal of Conditions
  • Naturalization

Immigration Compliance:

  • I-9 audits
  • E-Verify
  • Social Security "No-Match" letters

Businesses need to be able to hire and retain the best and brightest talent in order to stay competitive and Diana is driven to help manage the immigration process to make this happen. Diana represents immigration clients in every jurisdiction of the U.S., handling matters before the U.S. Citizenship and Immigration Services, Immigration Court and Board of Immigration Appeals.

Diana has helped educate the public on immigration practices by speaking on a weekly Spanish radio show and presenting at a variety of forums, locally and nationally.  She is also the past chair of the Iowa/Nebraska American Immigration lawyers Association (AILA) Chapter.  She is fluent in English and Spanish.

When not working, Diana enjoys spending time with her three energetic young boys.

  • Creighton University School of Law (J.D., 2008)
  • Texas Tech University (B.S., magna cum laude, 2004)
  • Texas (2008)
  • Iowa (2015)
  • Nebraska (2019: Sustaining Member)
  • Immigration Court & Board of Immigration Appeals

ATTORNEY SPOTLIGHT: Diana Morales McFarland



McGrath North Announces the Promotion of Two Lawyers to Partner



Labor, Employment and Immigration Law Under Biden: Where are We and Where are We Headed?



15th Annual Seminar For Accounting Professionals



Federal Trade Commission Issues Final Rule Barring Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (FTC) held an open meeting and voted 3-2 (along party lines) to issue a Final Rule that bans post-employment non-compete agreements. According to the FTC, approximately 30 million people nationwide (1 in 5 workers in the U.S.) are bound by non-compete clauses.  


DOL Releases Overtime Rule Nearly Doubling Salary Threshold Affecting Millions Of Employees

The Department of Labor (DOL) released its highly anticipated final rule regarding overtime for white collar workers. As expected, the final rule will nearly double the salary threshold for exempt workers beginning January 1, 2025, with a smaller increase beginning on July 1, 2024. The final rule also increased the salary level for the highly compensated employee exemption. Below is a table with the scheduled increases:  



More Publications

Planning To Leave Your Employment And Compete? Don't Forget About Your Duty Of Loyalty

When employees decide to leave their employer and engage in competition, they frequently overlook their duty of loyalty. Absent a non-compete or non-solicitation restriction, an employee may believe that he or she can freely engage in discussions with clients and customers regarding their intention to leave employment and engage in a competitive business.  


NLRB General Counsel Illuminates Prior Decision Addressing Severance Agreements

Recently, the General Counsel for the National Labor Relations Board (“NLRB”), Jennifer Abruzzo, issued a memorandum responding to inquiries that became prevalent after the McLaren Macomb decision. In McLaren Macomb, the NLRB took aim at overbroad non-disparagement and confidentiality provisions in severance agreements. The NLRB also found that simply offering a severance agreement to an employee can violate the National Labor Relations Act (“NLRA” or the “Act”) if the agreement provides severance benefits in exchange for giving up statutory rights under Section 7 of the Act - NLRB Takes Aim At Severance Agreements.  

  • American Immigration Lawyers Association – Iowa/Nebraska Chapter – Chair (2018-2019); Vice Chair (2017-2018); Secretary (2016-2017); Treasurer (2014-2016); CLE Conference Committee Co-Chair (2014, 2016, 2018); CLE Conference Committee (2019), AILA New Member Liaison (2019-Present), Non-Profit Grant Committee (2017-2018)
  • Omaha Bar Association
  • Nebraska Bar Association
  • Iowa Bar Association
  • Texas Bar Association
  • American Bar Association
  • Volunteer Attorney of the Day for Unaccompanied Minors, 2015
  • Catholic Charities – Naturalization Clinic Volunteer Attorney, 2015-2018
  • Maverick Leadership Network, 2018
  • Immigrant Legal Center, Board Member, 2021
  • Adjunct professor, Metropolitan Community College, November 2011 – November 2014
  • Creighton University School of Law, Latino Law Student Association, President
  • Creighton University School of Law, Business Law Society, Founding Member & VP of Marketing