By Debbie McGoldric

Post-Nuptial Citizenship

“I AM a native American. My wife and children are Irish citizens – the kids were born here, but got their Irish passports through their mother. I would like to become an Irish citizen, but was unaware that it is no longer possible for a spouse to do so while living in the U.S. Is the information I received correct? If so, are there any loopholes that could be used so I could receive citizenship? We had filled out papers a while back, but never pursued my case completely.”

THE laws regarding the transmission of Irish citizenship through marriage changed significantly last November. People such as yourself used to be able to apply for Irish citizenship at an Irish consular post through a post-nuptial declaration that did not require a period of residency in Ireland.

Now, however, such declarations are no longer valid, and all Irish citizenship claims based on marriage must be applied for via the Irish Department of Justice in Ireland. Significantly, all such claims now require a lengthy period of residency in Ireland – three out of the previous five years – in order to be successful.

The information you received is correct. And there are definitely no loopholes that may help. The Irish Embassy in Washington, D.C. and its consular posts throughout the country put the word out about the changes in post-nuptial citizenship at least two years before they took effect, and urged all those who wanted to take advantage of current law at that time to do so as soon as possible.

The embassy’s website at www.irelandemb.org was continually updated about these facts, and ads about the upcoming regulations were also taken in the Irish newspapers, including the Irish Voice.

Your only option to pursue citizenship now would be to relocate to Ireland.

H-1B Cap Filled

DO U.S. businesses really need access to more temporary work visas to import talent from abroad? Here’s more evidence that suggests they do.

Last week, the U.S. Citizenship and Immigration Service (USCIS) announced that the annual 65,000 H-1B visa cap for fiscal year 2007, which begins on October 1, 2006, has already been filled. The cap was reached less than two months after the FY 2007 application period began in April of this year.

The H-1B visa is a skilled temporary work visa that requires holders to possess a college degree. They are typically used for professionals such as engineers and computer programmers, and allow the holder to work in the U.S. for a sponsoring U.S. employer for up to six years for prevailing wages. Implementation of the H-1B program also requires that American workers are not adversely impacted by the hiring of foreign employees.

Employers hoping to avail of the obviously popular H-1B program will now have to wait until next April 1 to file applications for eligible foreign workers who may avail of FY 2008’s numbers. It’s a long time away for those who need skilled foreign workers.

The one issue that House and Senate members can agree upon when it comes to immigration reform is an increase in the annual H-1B cap. The Senate bill that passed last month proposes a new 115,000 year limit; the House bill, the polar opposite of the Senate’s in that it does not provide for comprehensive immigration reform, also sets a new 115,000 cap.

It seems relatively safe to say that, eventually, the H-1B program will be bolstered by lawmakers – a fact that many U.S. employers will undoubtedly applaud.