immigrants: the future of cleveland (from forest city enterprises, 2006)

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    Content

    By Amy Cheng& Joana RajaoferaForest City Enterprises

    January 2006

    ImmigrantsThe Future of Cleveland

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    TABLE OF CONTENTS

    Acknowledgements 3

    Executive Summary 4

    Key National Demographic Trends 5

    Economic Impact and the Importance of Immigration to Cleveland 6

    Cleveland Immigrants Decision Making 7

    Summary of Recommended Programs for Immigrants 8

    Issues with Existing Illegal Immigrants 24

    Appendices 25

    References 32

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    LIST OF TABLES AND FIGURES

    Chart 1: Numbers of Science & Engineering Doctoral Degrees 12

    Chart 2: Historical Numbers of Foreign Student Enrollment 13

    Table 1: Foreign Enrollment in Major Universities in Cleveland 14

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    ACKNOWLEDGEMENTS

    We would like to thank Becky Ganser of Forest City for her tremendous contribution on initialresearch, data-compiling and summary on various parts of the report. The idea and informationon marketing Cleveland from Jennifer Hall of Forest City is also appreciated. We especially

    thank Rose A Zitiello, Esq., Richard T. Herman, Esq . of the IMBA organization and Dr. SandaKaufman of Cleveland State University- College of Urban Studies, for the valuable suggestionsand insights from their conversations and papers.

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    EXECUTIVE SUMMARY

    This report is aimed at helping the Greater Cleveland area communities and the management atForest City understand the need, benefits, and ways to attract more immigrants to Cleveland.While that is the immediate goal, byproducts of immigrant recruitment are increases in overallpopulation growth and business activity, which are the key to future of Cleveland.

    Cleveland lost thirteen percent of its population over the last decade. The population of the cityof Cleveland is now at its lowest level since 1903. Only a modest growth can be expected fromnet natural population growth. Studies have shown that city growth can be accomplished byrecruitment efforts of foreign-born individuals to the city. Immigrants often are entrepreneursand therefore can be beneficial to the local business climate. With the recent shift of immigrantdistribution away from the five traditional gateways (California, Texas, Illinois, New York andFlorida) to other states, Cleveland should seize the opportunity of the immigration populationshift, forming strategies to attract them to the region and stimulate the economic developmentengine.

    Immigrants face unique language and cultural barriers and have special needs such as frequentlegal advice. If Cleveland could provide a system to help immigrants overcome these obstacles,facilitate networking interactions with existing communities and provide business developmentservices, Cleveland could easily win their hearts. This will, in return, open up the chain ofimmigration because immigrants tend to settle where there are already similar groups offoreign-born. Retaining existing immigrant communities is part of the strategy for attractingmore newcomers from similar backgrounds.

    In order to achieve this goal, this report offers the following major recommendations:

    I. Advocate increasing the H-1 visa quota and the reform of current immigration systemII. Actively recruit international students, retain international graduates in Cleveland and

    connect them with local employersIII. Roll out a marketing campaign promote Cleveland to target areas, immigrants and

    foreign businessesIV. Form a Department of International Affairs to provide services and funding, as well as,

    coordinate international focus initiativesV. Execute industry-based recruiting of foreign professionals

    VI. Provide information and incentive packages on fast-track visa types to immigrants andforeigners

    Although other international groups in Cleveland, including the Civic Task Force forInternational Cleveland, have raised portions of the recommendations listed above, this paperintroduced these suggestions to reemphasize their importance to the overall goal. The key forCleveland to grow through immigration comes from a coordinated effort. Cleveland mustconsolidate resources, set a reasonable goal, make a plan and implement it now.

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    Key National Demographic Trends1

    Over half of the U.S. population growth is now due to immigration and immigrantchildbearing. The Census Bureau estimates that the foreign-born population of theUnited States consisted of 34,600,000 people. The amount of change since the 2000Census indicates an annual rate of increase in the foreign-born population of about 1.1million people. Between 1990 and 2000 the U.S. population increased by 13.1 percentdue to a 57.4 percent increase in the foreign-born population and a 9.2 percent increase inthe native-born population (including children born to the immigrants2).

    The fastest-growing Hispanic and Asian Population will be the dominant ethnicitygroups of the U.S. Population. TheHispanic and Asian populations are growing morethan 10 times the pace of whites that are not Hispanic3. Hispanics, totaling 41.3 millions,are the largest minority group, followed by African-Americans and then Asians. Of theone million new immigrants per year mentioned previously, Latin Americans and Asiansmake up the two largest ethnic groups. By 2030, one out of four Americans will beeither Hispanic or Asian4.

    A shift of the distribution of the foreign-born population is occurring. More and moreimmigrants are moving to non-traditional immigrant states. Traditionally immigrantscame to the U.S. through five gateways: California, Texas, Illinois, New York andFlorida. But now they go to other states such as Mississippi, Colorado, North Carolina,South Carolina, Oregon, Nebraska, Utah, Iowa and Tennessee.5 Las Vegas and Atlantaboth enjoyed about 100 percent increases in Hispanic and Asian populations from 1990to 2000. Other cities favored by immigrants are Minneapolis, Portland, Boston, Seattle,Detroit, and Denver.

    The U.S. talent capital in the workforce is shrinking. The pool of skilled employees(age 35-44) is going to be smaller in next thirty years resulting in a talent shortage

    6. The

    National Association of Manufacturers indicates that a "skilled worker gap" will start toappear in 2005 and grow to 5.3 million workers by 2010, and 14 million 10 years later. 7100% of the projected growth rate of labor will be supported by immigrants by 2012.

    The numbers of U.S. science and engineering graduates are declining and the averageage of scientists and engineers is increasing. Graduate science and engineering (S&E)enrollments from 1994 to 2001 reflect a decline of 10% in enrollment by U.S. citizensand permanent residents, balanced by an increase of nearly 35% in foreign graduateenrollment

    8. The U.S. now ranks 17th in the World in the proportion of its 18 to

    24yearolds earning S&E degrees; in 1975, the U.S. ranked third.

    Since 1980, the number of nonacademic S&E jobs has grown at more than four times therate of the U.S. labor force as a whole. But barring changes in degree production orimmigration, the S&E labor force will grow at a slower rate, and the average age of

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    scientists and engineers will increase. More than half of the current S&Edegreedworkers are aged 40 or older. The total number of retirements among S&Edegreedworkers will increase dramatically over the next 20 years.

    Economic Impact and the Importance of Immigration to Cleveland

    What kind of message do the above key national demographic trends send to a depopulated citylike Cleveland? Clearly, the growth and the future of Cleveland will rely heavily on foreign- born individuals. Cleveland should seize the opportunity of the immigration population shift,forming strategies to attract them to the region and stimulate the economic development engine.

    One might ask, does bringing immigrants do more harm or benefit to the area? Let us first

    answer this question by defining the type of newcomers that we suggest to target. We do notsuggest creating another spawned city or making the city a new gateway of illegal immigrants.(The illegal immigrants are a group of population that cannot be ignored. A more detaileddiscussion will follow.) Appendix 1 shows that the education attainment levels of immigrantsare at the two ends of the spectrum. We want to attract the creative class

    9, those who are highly

    skilled and can bring innovation, entrepreneurship and wealth to the region.

    Statistics support that immigrants do bring positive economic impact to their settled region10

    . InFebruary, the 2005 Economic Report of the President highlighted the importance ofimmigration to the U.S. economy in general and confirmed that immigrants provide a net fiscalbenefit to the U.S. economy

    11. Hispanic annual purchasing power in the U.S. is almost $600

    billion. Asian-American purchasing power in the U.S. is $300 billion annually. During the1990s, Asian-owned businesses improved revenues by more than 463 percent, while Hispanicbusinesses grew by 417 percent.

    Overall, high immigration rate cities create jobs at twice the rate of low immigration rate ones.Their residents are 15% wealthier, and have 20% lower crime rate when compared with lowimmigration rate cities.

    12In addition, there are more immigrant adults with college degrees than

    in the general population (33% vs. 24%).13 Foreigners file over 44% of all patents filed in theU.S. 40% of all U.S. PhDs in science and engineering are awarded to immigrants

    14.

    We do not intend to send a more discouraging message to the public or reemphasize thedistressed situation of the city. However, Cleveland actually lost 13% of its population over thelast decade and reversing the decline would require tens of thousands of new residents.

    Therefore, if Cleveland wants to have a chance to turnaround its economic situation, we suggestit also turn to immigration.

    Cleveland has benefited from immigrants, mostly of European descent, in the past. If adequateplans and actions are in place in the community today, Cleveland will grow again through newimmigrants, this time mostly from Asia and Latin America, to revitalize its economy.

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    Cleveland Immigrants Decision Making

    In order to understand more about the factors that result in the settlement of current immigrantsin Cleveland, we sent out more than 100 surveys to employees at Forest City Enterprises andprofessionals in Cleveland who are first generation immigrants. They were invited to take thesurvey and pass it along to family and friends who are also first generation immigrants. A totalof 42 first generation immigrants from seventeen different countries participated in this survey.Although the sample is too small to make any significant conclusion, it is still valuable toprovide some information on immigrants decision-making process when considering a place tolive. (A summary of the survey result is available upon request)

    The new immigrants came here for the same reason as the old immigrants---for a better qualityof life and better employment opportunities. Although both domestic migrators and foreignimmigrants are chasing good job opportunities, the latter are less tied to the push and pull factorsof employment opportunities.

    15Forty percent of the respondents to our survey indicated that

    family was the main reason that brought them to Cleveland. Another 24% and 22% stated workand education brought them to Cleveland respectively. When it comes to the choice of place tosettle, immigrants look for places that will provide them more social and economic support

    16.

    They tend to stay closely together socially and geographically, and will bring more of theirfamilies from the home countries once a small cluster is formed.

    As to the reason cited for why they stay in Cleveland 27% mentioned the lower cost of livingincluding the affordability of housing. Other reasons cited are location (18%) and the size (17%)of Cleveland: it is not too small, not too large and has all or most amenities of bigger citiesAlthough we did not gather sufficient responses on which part of the town these respondents live,a recent trend in the Cleveland area is the tendency of the foreign-born residents to opt for homesin the suburbs instead of the central city. This has also been documented in a number of other

    cities across the nation.

    Thirty-six percent of the respondents have lived in Cleveland for less than 5 years. Another 21%have been here 6-10 years and another 21% have been here for 10-15 years. In addition, over68% of immigrants surveyed plan on staying in Cleveland for the next 5 years, whereas 15% arenot sure.

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    Summary of Recommended Programs for Immigrants*

    1. Advocate increasing the H-1 visa quota and the reform of current immigration system

    2. Actively recruit international students and retain international graduates in Cleveland

    and connect them with local employers

    3.Roll out a major Cleveland marketing campaign to target areas, immigrants, and foreignbusinesses

    4. Form a Department of International Affairs to provide services and funding, as well as

    coordinate all international focus initiatives

    4-1 Create a master website that would link all pertinent international groups together.

    4-2 Work with Hopkins Airport to provide more direct flights to target countries andmarkets.

    4-3 Educate the community about international diversity and increase the opennessand tolerance.

    4-4 Retain the existing immigrants by inviting leaders from various ethnic groups toserve on the board of major governmental, non-profit, and civic organizations.

    4-5 Reach out and support the existing immigrants by providing financial, housing,and education assistance programs.

    4-6 Promote and facilitate employer-sponsored programs on full-time recruitment,scholarship and internship for foreign students within business communities inCleveland.

    4-7 Identify retail and office development opportunities for immigrants, international-oriented organizations, and foreign businesses.

    5. Execute industry-based recruiting of foreign professionals

    6. Promote information and incentive packages on fast-track visa types to immigration and

    foreigners

    6-1 Promote the Investment Visa (EB-5)6-2 Target immigrants from selected countries enjoying visa preferences6-3 Promote the Visa Lottery Program6-4 Promote and Provide Assistance for Family-sponsored Immigration6-5 Immigration thru Asylum or refugee status

    It is important to note that portions of the recommendations listed above have been raised byother organizations in Cleveland including the Civic Task Force for International Cleveland.This paper has included some of these suggestions (3, 4.1, 4.6, 4.7, 5, 6.1) to reemphasize theirimportance to the overall goal.

    * The following diagram represents only some of many possible paths to get the Green Cards or work permits.

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    Recommended Programs in Detail

    The following diagram explains the major types of visas broken down by two major categories:Non-Immigrant and Immigrant Visas.

    Non-Immigrant Visas*

    * Unless there is a change of immigrant status, aliens with nonimmigrant visas will need to return to the homecountry after they reach the maximum duration of stay for the particular visa types.

    Green Card(660,000 cap/yr)

    Renew every 10 yrs

    US

    Citizenship

    3 to 5 years

    A. Temporary WorkersB. StudentsC. Temporary Business VisitorsD. Temporary Pleasure VisitorsE. Exchange Visitors

    F. Employer-sponsoredG. Family-sponsoredH. InvestmentI. Diversity LotteryJ. Special Immigrant ProgramK. Immigration thru Asylum or

    Refugee StatusL. International Adoption

    Immigrant Visas

    6 months to12 years

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    Appendices 2 and 3 summarize the eligibility, quotas, and processing time for various types oftemporary working visas and immigrant-type visas respectively. The non-immigrant visasusually allow foreigners to stay in the area from 1 to 6 years. Cleveland should focus first onattracting aliens to come to the area under all possible/available non-immigrant visas becausenon-immigrant visas are easier and faster to obtain. Then through an assistance program,

    Cleveland should focus on retaining these immigrants and help them with the Green Card(immigrant visa) application process. Depending on the case and current visa status, there couldbe many different paths for a foreign individual to obtain a Green Card in replacement of his/hernon-immigrant visa.

    We selected important visa types to discuss the requirements, applicability, issues, and pertinentrecommended programs to roll out in the community. Although some of the programs arespecifically proposed for the city of Cleveland, many of them cannot be executed without thecooperation of other suburban cities in the Cleveland area. Furthermore, collective efforts at astate and federal level are needed to carry out some of the recommendations.

    1. Advocate increasing the H-1 visa quota and reforming the of current immigration system

    Overview of H-1B Visa

    The H-1B employment based visa is the most common visa type used by U.S. employers to hireforeign-born professionals on a temporary basis to perform work in a specialty occupation.This program allows U.S. businesses to recruit and hire the best-qualified candidates from

    around the world in such key industries as high-tech, manufacturing, pharmaceuticals, biotechnology, and education. H-1B1 status is usually granted initially for 3 years andextensions can be obtained for up to a total of 6 years (seven in some circumstances).Dependents of the H-1B alien are granted H-4 visas. Dependents are not authorized to work butthey may undertake studies in the USA.

    The employer must petition for entry of the employee. One of the difficulties facing employers isthey must prove that the foreign professional has the required credentials for the position offered.Therefore, a lot of the H-1B applicants and the employers use immigration attorneys to ensurethe utilization of the right language to justify the cases. In addition, the U.S. employer mustguarantee that he is able to pay the foreign professional the required wage. This is determined

    either in connection with the rate paid for a similar position. Once the Department of Laborcertifies the application, the U.S. employer files the immigrant petition with USCIS to sponsorthe alien professional as an H-1B nonimmigrant. The fees to complete the whole applicationprocess, if an attorney is hired, are between $2,000 and $5,000 for a normal case. An additional$1,000 is needed for premium cases, which only take one month to process. (Appendix 4illustrates the H-1B application process flow.)

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    Although it only takes one to three months for an employee to get the H-1B visa, the complicatedapplication process and potential cost for the application usually discourage employers fromeven considering a foreign-born worker. Even if the employers, especially those in the scienceand IT industries, would like to hire more immigrants; they are subject to the annual quotalimitation for H-1B.

    Current Issues with H-1B and Other Guest Worker Visas

    The government sets a cap on the number of H-1B visas available, which stands at 65,000 peryear. In FY 2001 to 2003 Congress temporarily raised the numerical cap on H-1B visas to195,000 per year to respond to calls from U.S. companies, especially from the IT industry. TheBush administration tightened the immigration law after the events of September 11, 2001 andreduced the cap from its peak of 195,000 to 65,000. In 2004 another exemption was passed that provided additional quotas of 20,000 H-1B2 visas to any foreign graduate with a masters orhigher degree from a U.S. school. However, the cap available is simply not sufficient to meetthe demand of foreign skilled workforce by corporate America.

    The U.S. Citizenship and Immigration Service (USCIS) announced on August 12,2005 that ithad met the 65,000 H-1B congressionally mandated cap for the 2006 fiscal year, which meansthat companies that need highly educated foreign professionals with critical skills will have towait nearly 14 months before they can obtain this needed expertise. While the H-1B cap hasbeen filled prematurely before, this is the first time that it has been reached before the fiscal yearin which the visas would be used has even begun. That fiscal year began on October 1, 2005.

    The tighter immigration procedures and the unrealistic cap on guest worker visas have causedconcern for many of the leaders in various industries. Bill Gates has publicly voiced more thanonce that the more restrictive immigration policies and procedures will hinder the current

    competitive advantage of U.S. IT industry. A report, Europe in the Creative Age byresearchers at Carnegie Mellon Universitys Software Industry Center, indicates that the UnitedStates efforts to restrict immigration may hamper the economy, as overseas scientists andtechnologists prefer other countries to develop new technology.

    17The more regulated

    immigration policy is also threatening the United States' position as a magnet for the World'sscientific talent 18 . For example, at the Human Frontier Science Program, which fundsinternational collaborations between biologists, the percentage of fellowship applicants whowanted to work in the United States fell from 75% in 2001 to 55% in 2005.

    What can Cleveland do?

    Increasing the H-1B visa quota is a major key to bring more immigrants to work and stay inCleveland. Also, less time-consuming and cost-effective procedures should be used to replacecurrent application practices. Three new immigration proposals have been incorporated into theChairmans Mark at the Senate Judiciary Committee and will be sent to Congress for furtherdebate in the next two to three months (see Appendix 5 for more details.) Civic organizationsand businesses in Cleveland should form a lobbying team to advocate these reforms. More

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    aggressively, Cleveland can make a proposal to the congress that it qualifies as a targetrepopulation area and therefore immigrants who want to settle in Cleveland can enjoy expeditedprocessing and lower requirements.

    2. Actively recruit international students, retain international graduates in Cleveland and

    connect them with local employers

    Overview of the F-1 Visa and OPT (Optional Practical Training)

    As a percentage of overall enrollments in higher education, foreign student enrollmentrepresented about 4 percent in 2005 compared to 2.8 percent in 1990. (The countries with thelargest numbers of foreign students in the U.S. were India (79,736), China (61,765), Korea(52,484), Japan (40,835), Canada (27,017) and Taiwan (26,178).) Also, over half of the science

    Ph.D.s are foreign students.

    Chart 1: Number S&E Doctoral Degrees

    Source: Physics Today

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    Foreign-born students spend $13 billion in tuition and 75% of funds come from overseassources19. Foreign students who enter the U.S. as nonimmigrants are on an F-1 visa. To obtainthis visa, the consular official must be convinced that they intend to return to their home country.Students with F-1 visas are giventemporary permission, a total of 12 months of OPT per degreelevel, to work in the United States.

    Issues with F-1 visas and Challenges faced by International Students

    Since 2002, the total number of the international students attending U.S. colleges and universitieshas been decreasing, marking the first downward trend since 1954.

    20Most observers believe

    that this decrease is attributed to more restricted F-1 visa regulations and a tighter immigrationpolicy overall.

    Chart 2: Historical Number of Foreign Student Enrollment

    International Student Enrollment in the U.S.

    0

    100,000

    200,000

    300,000

    400,000

    500,000

    600,000

    700,000

    1954

    /55

    1964/65

    1974

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    1998

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    2000

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    2002

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    2004

    /05

    School Year

    Students

    Source: Institute for International Education (IIE)

    The tighter policy not only makes it increasingly more difficult for foreign students to obtain F-1visas, it also leaves them in a situation that they need to scramble for time when looking for jobsin the U.S. The H-1B cap situation described in the earlier section, has affected F-1 students,

    whose OPT expires over the summer months. Most students graduate in May or June and theirOPT expires in May, June or July of the following year. If the current trend continues, the H-1Bcap is filled by August. This leaves the international students in a tough situation that they needto find a job and an employer that is willing to process their H-1B visas within two to threemonths of graduation (from May to August).

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    Currently, H-1B filing with a start date of October 1st requires that F-1 students mustdemonstrate legal status 'through' October 1st. However, in the situation described above, the F-1student is 'not' in legal status from August thru October 1st.

    In situations like this, USCIS will approve the H-1B petition BUT deny the change of status.

    This means that USCIS has approved the petition on behalf of the employer but denied thestudents change of status. The F-1 student would then need to return to his/her home countryand obtain a H-1B visa stamp from the consulate and can then return to the USA, however, thestudent can only return to the US ten (10) days before the October 1st H-1B start date.

    What Can Cleveland do?

    The presence of foreigners in the education system is an asset to the international awareness andunderstanding of American students. Major universities in the Cleveland area attract 2,500 to3,500 foreign-born students each year. Table 1 shows the fall 2005 enrollment of foreign-bornstudents in major universities in Cleveland. If Cleveland can retain only a quarter of them, that is

    500 people plus their spouse and family, it will add at least 1,200 people to the population.*

    Table 1: Foreign Student Enrollment in Major Universities in Cleveland

    TotalEnrollment

    #International

    %International

    Kent State University 23250 800 3.4%

    University of Akron 22636 617 2.7%

    Cuyahoga Community College 25214 360 1.4%

    Cleveland State University 15722 700 4.5%

    Case Western Reserve 9952 1010 10.1%Total International Students: 3487

    Source: International Student Offices from schools listed above

    Universities and colleges should be more actively looking for best candidates overseas. Theyshould form an alliance, combine marketing resources and travel to target countries to attend thecollege fairs and meet prospective students. Since universities are the best ambassadors forCleveland during the recruiting process, this initiative could be combined with the citysinternational marketing plan and budget. Both the schools and the city will benefit from thecooperation.

    In addition, universities and colleges in Greater Cleveland need to be more proactive andaggressive in executing the mentoring and internship program for their international students.Perhaps through the career service and alumni relation offices, schools can make sure that

    *We have tried to obtain the statistics on how many international students reside in Cleveland (or any where in theU.S.) after graduation, however, it seems none of the area colleges/universities keep track of this information.

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    students who want to stay in the area are matched with potential employers. Once internationalstudents establish connections in the communities, they are more likely to stay in the city afterthey graduate. Furthermore, the city and the community should mount a campaign involvingcolleges to coordinate international student programs and market the region.

    3. Roll out a major Cleveland marketing campaign to target areas, immigrants and foreign

    businesses

    Many immigrants and foreigners do not know about Cleveland and what it is like. One of oursurvey respondents stated, Cleveland seems to be known only for the Rock & Roll Hall ofFame and the river that caught fire. When I got here, however, I loved the city, it haseverything! Cleveland should first define its own IMAGE, determining what can mostrepresent the city life and what its main selling points are.

    The low cost of living is a vital benefit that speaks to all cultures. According to the respondents

    to our survey, other selling points include: Excellent schools in the suburbs Beautiful parks and lakes Small city feel without sacrificing amenities Almost no traffic Museums and other cultural venues Lower cost of living

    Different incentives appeal to different groups. The city should invite immigrants already hereto a discussion session and ask them how Cleveland would appeal to the targeted ethnicities,businesses and countries. Cleveland could then roll out a direct marketing campaign to sell to the

    specific ethnicity or world country.

    Foreign businesses in the U.S. should be the major target under this campaign. Other U.S.regions have accelerated their recruitment of foreign companies. In the paper, In The NewGlobal And Multicultural Marketplace, Immigrants Hold A Key To Revitalizing NE Ohio,Zitiello and Herman note a discussion group led by the Cleveland Foundation found that Atlantahas attracted over 50 Israeli technology companies. Research Triangle Park in North Carolinaattracted 41 Japanese, 34 English, and 25 German companies over a three-year outreachprogram. Maryland has attracted over 500 foreign-based businesses. Cleveland should set up atask force to recruit foreign companies to establish headquarters or branches in the area.

    Cleveland can improve its business climate and attract international firms to set up a subsidiaryin the area. American as well as foreign workers can both benefit from such a move. It willdefinitely help Cleveland in its effort to retain university graduates. For example it is much easierto make a case for an H-1B visa when the graduate speaks Spanish and could work for acompany headquartered in Spain.

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    .

    4. Form a Department of International Affairs to provide services and funding, as well

    as, coordinate international focus initiatives

    The City of Cleveland and many organizations are continually pursuing and encouraging newventures to develop Cleveland and its surrounding communities. One immediate weakness that

    was discovered throughout our research process is the lack of a united front. There are over 75organizations in the Cleveland area that work in the international field. Creating a master groupto encompass the smaller organizations would help streamline efforts while maintaining theniche of individual organization. The lack of a common forum will diminish efforts, cannibalizethe funding sources, and reduce the likelihood of success. This was also one of therecommendations raised by the Civic Task Force for International Cleveland in December200321.

    The new control desk need not be under the wing of the city so that it could maintain certainlevel of flexibility; however, the city should definitely set aside staff, funding, and time to thisnew control platform. The Cleveland International Coalition (CIC) has made many great

    recommendations in the past. And there are several good programs that have proven to besuccessful in other cities.22 Combining both sources and our thoughts, we recommend the newDepartment of International Affairs to do the following:

    4-1. Create a master website that would link all pertinent international groups together sothe existing and new immigrants have access to city services and information on housing,employment training and counseling, and immigrant legal services from one window. Also, itcan serve as a platform for networking and civic participation. The website should also designa section that contains marketing materials of Cleveland. A good example can be found atGlobalpittsburgh.org, which was set up for similar purpose and funded by The HeinzEndowments Foundations.

    23

    4-2. Work with Hopkins Airport to provide more direct flights to target countries and

    markets that can bring more potential immigrants and business to Cleveland.

    4-3. Educate the community about international diversity and increase the openness and

    tolerance. Professor Richard Florida in his famous book, The Rise of the Creative Classmentioned: immigrant influx and multicultural environments help to attract the youngentrepreneurs who drive the new knowledge-based economy. The real challenge is to mobilizelocal residents to open their minds.24 Our survey result echoes Professor Floridas statement;one of the reasons that make existing immigrants leave or consider leaving Cleveland to other

    cities was that Clevelanders are not as open-minded as San Franciscans or Chicagoan to acceptforeigners and the culture differences.

    The new international center should promote the publics understanding and awareness of thediversity through cultural venues, such as cultural festivals, food tasting, concerts andInternational Childrens Games.

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    4-4. Retain the existing immigrants by inviting leaders from various ethnic groups to serve

    on the board of major governmental, non-profit, and civic organization. Strengthen mediacoverage of immigrant communities and businesses to highlight their role in development andprofile successful leaders.

    4-5 Reach out and support the existing immigrants by providing financial, housing, and

    education assistance programs. Many immigrant entrepreneurs start grocery stores and shopstargeted to fellow countrymen. The city and the new Department of International Affairs shoulddevelop programs that provide legal advice and access to financial sources to facilitate smallbusiness growth in the area.

    25Also, a housing incentive should be used for whoever stays in the

    area for a designated period of time. A city or nonprofit sponsored English training programshould be given to immigrants at low cost. Understanding English is a key for them to advancesocially and economically.

    4-6. Promote and facilitate employer-sponsored programs on full-time recruitment,

    scholarships and internships for foreign students within business communities in

    Cleveland. The business communities can play a bigger role to retain and attract existing and

    prospective international students to stay in Cleveland.

    A facilitating group can be set up, perhaps through the Civic Innovation Lab of ClevelandFoundation, to promote and provide basic legal counseling for local employers who may beinterested in hiring international students but either do not know how, or are concerned about thecost and complexity of the whole process. A website containing H-1B and EB series Visainformation should be created and made available to the Human Resources departments of areabusinesses. A forum can be added to the website for HR managers to share their experience andoffer tips on better/faster ways to achieve the desired result.

    The business communities, especially the leading employers in the region, should be more

    proactive and responsive in creating scholarships and internships for foreign students. TheTimken International Scholarship Program set a good example for other businesses in theCleveland area to follow. The Timken International Scholarship Program provides opportunitiesfor higher education for eligible sons and daughters of associates of The Timken Company andits worldwide subsidiaries and joint ventures located outside the United States and Canada. The program rewards scholars from secondary schools on a competitive scholarship basis and isintended to develop future leaders in the field of international business through a scholarshipprogram in partnership with The University of Akron.26 Through this type of partnership withlocal universities, the local employers can help bring young people that will potentially stay inthe area after their graduation.

    4-7. Identify retail and office development opportunities for immigrants, international-oriented organizations, and foreign businesses. Eighty-Nine percent of our surveyrespondents expressed their interest for developing an international district providing authenticspecialty retail, restaurants, and grocery stores from around the World. The City anddevelopment companies, such as Forest City Enterprises, should identify an area and analyze thefeasibility of a mixed-use development with multi-cultural flavor in Cleveland.

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    One of the important recommendations from Civic Force of International Cleveland is topurchase and develop a Cleveland International Building to house Clevelands InternationalOrganizations. Additionally, space in the Cleveland International Building office space shouldbe available for local immigrant and ethnic chambers of commerce, business groups, and socialand civic organizations, to facilitate cross-cultural networking, sharing of resources, and providea bridge to mainstream Cleveland.27

    Redevelopment could include transforming areas into affordable housing. Studies show thatimmigrants are interested in buying a home that is much smaller than that of a typical Americanhousehold. They are interested in 1,000 sq.ft. homes with 2- bedroom and 1 bath. Homeownership would increase their chances of staying in Cleveland.

    Our survey also pointed out that immigrants wished that Clevelands Downtown would undergoa face lift. It is important that Cleveland offer places with unique retail stores and restaurants foryoung people to hang out and enjoy the nightlife, a key element in attracting and retaininginternational graduates.

    5. Execute industry-based recruiting of foreign professionals

    Overview of EB3 Visa

    Every year about 40,000 visas are made available to the Third (EB3) Preference Category, whichis a type of permanent working visa. This category includes:

    Foreign national Professionals with a bachelor degree who do not qualify for a higher preference category. Example includes architects, engineers, lawyers, physicians, surgeonsand teachers. It also includes any occupation for which a US baccalaureate degree (or itsforeign equivalent) is the minimum requirement for entry into the occupation.

    Foreign national Skilled Workers with a minimum of two years training and experience. Other Workers and Unskilled Workers requiring less than two years of higher education.In order to obtain permanent residency through the EB3 category, the applicant must have anemployer willing to sponsor him or her through labor certification. Once the labor certificationis approved, the employer may sponsor the applicant for permanent residency.

    The process is similar to that of H-1B visa except that there is a labor certification process thatlengthens the visa process. A labor certification is an official government finding from theDepartment of Labor that (1) no U.S. workers can be found, at the time of filing the applicationand in the geographic area where the job exists, who are available, willing, and able to fill the

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    position; and (2) the individuals employment will not "adversely affect" the wages and workingconditions of similarly situated U.S. workers. The estimated wait time is 2 to 2.5 years. Thedisadvantage of the EB-3 visa for the employer is that the employee can leave the sponsoringorganization anytime and the company will lose its investment.

    Since the EB visas are immigrant visas Cleveland can attract especially talented employees byoffering a Green Card instead of a non-immigrant H-1B visa. It may take longer to bring theemployees into the U.S. because of the added labor certification but the employees will not haveto go through a change of status between non-immigrant to immigrant visas later on. Theemployee still has to renew his or her Green Card every 10 years.

    The Shortage of Nurses and the H-1A Visa

    According to the data obtained from the Cleveland Clinic, the national nursing shortage in 2015is 20%. Because of its slower population growth, the State of Ohio expects a 3% shortage by

    2020. Cleveland has world-renowned hospitals that are not immune to this shortage.

    Introducing foreign nurses to Cleveland is one of the strategies frequently raised by variouscommunity groups. However, there are some issues. There is currently no short-term non-immigrant worker visa available to nurses. The H-1A (a non-immigrant) work visa, whichallowed tens of thousands of nurses to enter the U.S. quickly to alleviate a nursing shortage, wasterminated in 1997. The H-1C visa is designed specifically for foreign nurses; however, thereare only a total of 500 H-1C visas for the whole nation and Cleveland does not qualify as anunderserved area. Long delays and problems for many people seeking visas to the UnitedStates mean that even if Cleveland is successful in attracting nurses they may not be able enterthe country within a reasonable timeframe. Bringing a nurse in with either a H-1B non-

    immigrant visa or Green Card takes approximately 1 to 2 years28

    .

    What can Cleveland do?

    Cleveland should roll out a plan and have a labor center utilizing the EB-3 visa to attract talented professionals especially in the biotech, health care, advanced manufacturing, informationtechnology, and material sciences industries.

    In terms of filling the need for nurses, Cleveland should use the service of recruiting firms thatspecialize in bringing English-speaking nurses into the U.S.29 Another alternative is to bringlicensed nurses into the U.S. on a tourist visa and make them take the necessary tests in the U.S.

    They can interview while in the U.S. and use an immigration lawyer to change their tourist visainto another non-immigrant or immigrant visa.

    Thirdly, there are students who are willing to spend a lot of money to study in the U.S. if theycan stay here. Some of them do not have a clear idea of what they want to choose as their

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    profession. If college counselors can steer these students to get a nursing degree during theinternational student orientation week, these students will have a clear advantage over nursestrained overseas. First, these students are U.S.-trained, speak better English and are accustomedto the U.S. way of life after a 4-year college experience. Second, their chance of passing thenational nursing Exam (NCLEX-RN) is also much greater.

    Finally, Cleveland could advocate for the reinstatement of the H-1A visa. Efforts should includefacilitating the accessibility of U.S. nursing licensing exams in foreign locations, recruitment,and helping foreign nurses assimilate to Cleveland.

    30

    6. Provide information and incentive package on fast-track visa types to existing

    immigrants and foreigners.

    6-1. Promote the Investment Visa (EB-5)

    The EB-5 visa is set at 10,000 visas per year and are given to individuals who make qualifiedinvestments of $1 million USD and create 10 or more jobs. A lower threshold of $500,000 is setfor immigrants who invest in a targeted employment area, such as Cleveland. The spouseand children of the investor will also get visas.

    This is a very compelling marketing pitch to foreigners who want to settle in the U.S. via a fastertrack. Cleveland should market overseas to immigrants seeking U.S. Permanent Residencythrough Investment. In addition, Cleveland could lobby to have the threshold lowered to$200,000 to $400,000.

    6-2. Target immigrants from selected countries enjoying visa preferences

    Citizens of Singapore and Chile have a priority in processing H-1B. In fact 6,800 H-1Bvisas are available for citizens of these 2 countries and this quota has not filled. Studentsand professionals from these countries should be given a priority in order to maximize thechance of a successful H-1 B application.

    Professionals from Canada and Mexico can work under the TN visa derived fromNAFTA. The TN visa is valid for one year at a time and can be renewed indefinitely.

    Puerto-Ricans do not need a visa to come to the United States. An active recruitment forimmigration to Cleveland on the island, as well as, an increased support for the PuertoRican community in Cleveland can facilitate the immigration and transition

    6-3. Promote the Visa Lottery Program to the existing immigrants for their families to

    come to Cleveland and provide assistance program to fill out the form

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    Every year the Department of State conducts a drawing to award 50,000 Green Cards to citizensof most countries. Citizens of the following countries cannot apply because of their largeimmigrant population in the US: Canada, China, United Kingdom, Mexico and Russia. One canre-apply every year until successfully drawn by the system. There is no fee to enter the drawings.The law requires that candidates have a high school degree or above or have at least 2 years workexperience. If a parent won the lottery, the spouse and any unmarried children under the age of

    21 will also be issued a Green Card. After a successful draw, the processing time is between 1 to2 years.31

    Cleveland could make this program known to college students, exchange visitors as well asillegal immigrants from the under-represented countries. Cleveland could also help in filling outand submitting the form electronically (the only way to do it beginning in 2005). The window ofopportunity is a fleeting 30 days (early November to early December.) A visit to localuniversities, ESL classes and civic organizations would help get the word out.

    6-4. Promote and Provide Assistance for Family-sponsored Immigration for Existing

    Immigrants

    Historically, immigrant laborers moved to Cleveland to obtain employment in the steel ormanufacturing industry. However, it was a family or friend connection to Cleveland thatprimarily motivated immigrants to choose this city as home. This part is still true today. Studiesshow that family reunification accounts for 75% of U.S. Immigration. Results of our survey alsosuggest that first generation immigrants stayed in Cleveland because of family connections

    A total of 140,000 per year immigrant-type visas are available for aliens who qualify for thefollowing five categories, which are listed by their quota-allocation priority.

    A spouse, parent or unmarried children (under the age of 21) of a U.S. Citizen do not have towait for a immigrant visa number therefore there is no wait time for this category

    First Preference: Unmarried and over 21 years of age of a U.S. citizen Second preference: Spouses of Green Card holder, unmarried children under 21 Third preference: Married son/daughter of U.S. citizen Fourth Preference: Brothers and sisters of adult U.S. CitizensThe total cost without Attorney fees is $200 and can reach $2,000 with the use of an Attorney.

    Depending on the priority, the waiting time could be as short as 6 months or as long as 12 yearsfor the sibling-sponsored visas. When asked if they have thought about bringing their family to

    the U.S., respondents to our survey mentioned that the main obstacles are obtaining visas and thelanguage barrier faced by the family members.

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    Cleveland could lobby to increase the cap of 140,000 per year because this number creates backlogs especially for the 3rd and 4th preference visa mentioned above. Cleveland shouldprovide legal assistance for those cannot afford hiring attorneys to apply for Green Cards fortheir families oversea. Law school students from local universities should be recruited asvolunteers to execute this initiative. Cleveland could also set up a match-maker program to helpsingle Clevelanders meet foreigners with non-immigrant visas since immigration through

    marriage is the fast path to get Green Cards.

    6-5. Promote immigration thru Asylum or refugee status

    The U.S has received nearly 630,600 refugees from 1996 to 2003. In 2004, there were 53,000refugees resettled in the U.S32. A refugee needs to demonstrate that they were persecuted, orhave a well-founded fear of persecution on account of race, religion, nationality, politicalopinion, or membership in a particular social group. An asylum may be granted to people whoare arriving in or already physically present in the United States

    33. Once in an asylum or refugee

    status for a year, one can apply to change status to Green Card.

    It is hard but not impossible to qualify since a person can be denied status at the border and theapplicant has a high threshold of burden of proof to substantiate the claim or fear of prosecution.During many immigration hearings before getting a Green Card these survivors have to recountcountless times their horror stories which, for some refugees, have the effect of reliving thetrauma.

    Cleveland has lagged behind in receiving refugees.34 By 2000, Columbus ranked highest in thestate in the percentage of foreign-born population, surpassing Cleveland as the leadingdestination for immigrants in Ohio. While Cleveland had a 4.5% foreign-born population in2000, Columbus enjoyed a 6.7% pool. Immigration to Columbus has also been influenced by therefugee resettlement policies of the U.S. Government, especially in the case of Somalis. Many

    of the Somali refugees to the U.S. were resettled in various U.S. cities, notably Minneapolis-St.Paul and Columbus. Also secondary migration triggered by Columbus vibrant economy andSomali social networks have transformed Columbus into the second largest center of Somalis.

    The International Service Center in Cleveland, which is partially funded by United Way, has acontract through the State Department to resettle United Nations refugees. Before 9/11/2001 thecenter resettled approximately 140 refugees a year; in 2005, they resettled only 14; and for 2006they are contracted to resettle 49 refugees in Cleveland. Clearly Cleveland is not getting its fairshare of the 79,000 refugees admitted in the U.S. per year. The International Service Center isvery concerned that their funding will be cut further because of the decrease in the number ofrefugee cases they handle.

    The Presidents advisors and The Department of State determine the allocation of the refugees toeach state and the participating agencies. The community should lobby and seek to receive morerefugees and concentrate their numbers in a few nationalities that are likely to continue to arrivefor several years. Cleveland should first attempt to lobby for a change in the administrative

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    process so that a refugee would only go through two hearings, one at the border or at theConsulate to get the visa and another one with an immigration judge before awarding the GreenCard.

    Second, the City of Cleveland and The Cleveland Foundation should provide financial support toorganizations, like The International Service Center, to strategically settle more refugees in

    Cleveland. Supporting these organizations is important for the following reasons: First of all, theprocess of granting refugee visas is much faster than any other immigrant visa. Second, oncegranted a visa the refugee cannot choose where to go in the country and probably would not careeither. A helping hand in a time of need from Cleveland will be appreciated by the refugees andwhich will turn into a loyal bond to the community.

    Recommended FCE Internal Programs

    Forest City Enterprises has always taken action to prove that it considers its employees importantassets to the organization. On this note, FCE should reach out to its foreign-born employees bycreating specialized programs and including them in the diversity planning. Immigrants canbring a unique mix of new ideas and determination. In order to continue to benefit from theseassets, a support system needs to be developed.

    Suggested programs include:

    Developing scholarship and internship programs that target local international students.Appointing lead staff in HR and Legal departments to facilitate H-1B and Green Card

    application process for the immigrant employees and interested international students.

    Coordinating with FCE foreign-born employees to host international fest or some sort ofcultural event within the company to increase the awareness of diversity.Setting up Asian Retail Group to explore development opportunities for Asian

    community or revitalize China town in downtown Cleveland.

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    Issues with Existing Illegal Immigrants35

    The issues with Illegal immigrants have been hot topics in the U.S. We are not condoning suchpractices; however, no one can ignore them because of their increasing share of the population.There were 35.7 million foreign-born people in the U.S. in 2004. Of these, 11.3 million or 32% became naturalized U.S. citizens. 2.5 million or 7% are on Asylum or Refugees status. 1.2

    million or 3% are Temporary legal residents such as students, exchange, non-immigrant workersand tourists. 10.4 million or 29% were Lawful Permanent Resident also known as Green Cardholders. 10.3 million or 29% are Illegal immigrants. Note that the legal immigrants and theillegal immigrants were at about the same level in 2004. Starting in 2005, the illegal immigrantswill surpass the legal ones because there is a set quota of 650,000 for Green Cards whereasillegal immigrants keep streaming in at an estimated 700,000 per year.

    Six million (or 57%) of illegals are Mexicans and another 2.5 million or 24% are from otherLatin American countries. An estimated 1 million illegals are Asians (9%) followed by 600,000European & Canadian (or 6%). 400,000 African & Other countries (4%) complete the list. Theillegal immigrants are moving to communities that offer them a job. The also look for a lower

    cost of living and a more affordable community.

    In 1986 the Immigration Reform and Control Act (IRCA) legalized illegal immigrants in the USwho arrived before 1972, paid their taxes and were never in trouble with the law. There is talk onCapitol Hill to legalize illegal immigrants in 2006. If this proposal is passed, there will be a waveof illegal immigrants available for a secondary migration. Cleveland needs to be poised to attractits share of this huge pool of newly legalized immigrants.

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    Appendix 1: College Grad Share of Immigration Flow

    Source: American Demographics, June 2004

    Immigrant Flows With Immigrant Flows With

    Highest College Grad Shares Lowest College Grad Shares

    College Grad Size of College Grad Size of

    Metro Share Of Immigration Metro Share Of Immigrati

    Region Immigration Flow Flow Region Immigration Flow FlowPittsburgh, PA MSA 58% 14,356 Las Vegas, NV-AZ MSA 17% 35,385

    Cincinnati-Hamilton, Greensboro-Winston

    OH-KY-IN CMSA 52% 13,712 Salem-High Point, NC MSA 22% 16,531

    San Francisco-Oakland- Phoenix-Mesa, AZ MSA 22% 71,681

    San Jose, CA CMSA 49% 243,914 Grand Rapids-Muskegon-

    Washington-Baltimore, Holland, MI MSA 24% 9,969

    DC-MD-VA-WV CMSA 49% 188,178 Salt Lake City-Ogden,

    Columbus, OH MSA 47% 19,417 UT MSA 26% 23,502

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    Appendix 2: Selected Non-Immigrant Temporary Working Visas

    Class Eligibility Quota Duration of

    Stay

    Requirement Processed Time

    E-1 For a national of a

    country with which theUnited States has acommercial treaty. Theapplicant must becoming to the U.S.solely to engage intrade of a substantialnature principallybetween the UnitedStates and the alienscountry of nationality.

    No Cap Initial stay-Two

    (2) years; Up to2 years perextension. Nomaximumnumber ofextensions, withsomeexceptions.

    Visa application

    processingdepends onnumber ofapplicants,number ofspaces available,where applicantis applyingfrom, whetheror not thecandidate uses

    an attorney, andpoliticalconditions.

    E-2 The E-2 classification isauthorized for anational of a countrywith which the UnitedStates has a commercialtreaty, who is coming tothe United States solely

    to direct and developthe operations of anenterprise in which heor she has invested, oris actively involved inthe process of investing,a substantial amount ofcapital.

    No Cap Initial stay-Two(2) years; Up to2 years perextension.

    No maximumnumber of

    extensions, withsomeexceptions.

    In addition to theinvestment in abusinessenterprise, theinvestor must becoming to theU.S. to develop

    and direct theoperations of theenterprise inwhich he hasmade theinvestment.Applicant musthave more than50% ownershipof theinvestment,

    unless theapplicant iscoming as anemployee of theenterprise.

    Same as E-1

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    H-1B1 For foreign workerswith theoretical ortechnical expertise in aspecialized field

    65,000* Increment of upto 3 years. Totalstay limited to 6years.

    BA and above Can be done in15 days but itcosts extra.

    H-1B2 For foreign workerswith a master or higher

    level degree from aU.S. academicinstitution.

    20,000 Increment of upto 3 years.

    Total staylimited to 6years, with someexceptions.

    Master degreeand above

    Same as E-1

    H-1C For registered nurse in ahealth professionalshortage area asdetermined by theUSDOL

    500***(25 for eachstate)

    Up to 3 years Do not needDOLcertification- onSchedule A Butmust take anexam

    Same as E-1

    H-2A For temporary orseasonal agriculturalemployment

    No Cap Same as validityof laborcertification(increments ofup to 1 year).Total staylimited to 3years.

    BA, Noexperience

    Same as E-1

    H-2B Seasonal workers in

    construction, healthcare, landscaping,lumber, manufacturing,food service/processing,and resort/hospitalityservices.

    35,000(FY

    2005)66,000(FY2006)**

    Same as validity

    of laborcertification(increments ofup to 1 year).Total staylimited to 3years.

    Same as E-1

    H-3 For an alien comingtemporarily to receivetraining from anemployer in any fieldother than graduateeducation or medicaltraining.

    No Cap SpecialEducationTraining-up to18 months.

    Other Trainee-up to 2 years

    No BA orworkingexperience.

    1 to 3 months

    L-1Aand

    For workers comingtemporarily to perform

    No Cap Coming toexisting office-

    The applicantmust be

    Same as E-1

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    L-1B service in a managerialor executive capacity(L-1A), or performservice which entailspecializedknowledge(L-1B), fora company with aparent, subsidiary,branch, or affiliate inthe U.S.

    up to 3 years.Coming to newoffice-up to 1year.

    Increments of upto 2 years. Totalstay limited to 7years (L1-A) / 5years (L1-B)

    employedoutside the U.S.and is beingtransferred to theU.S. branch,subsidiary, orjoint venturepartner of thenon-U.S.company.

    O-1O-2

    Aliens of extraordinaryability in the sciences,arts, education,business, or athletics,and their dependents

    No Cap Initial stay up to3 yearsIncrements of upto 1 year

    Must presentevidence that theprofessor orresearcher isrecognizednationally andinternationally as

    outstanding intheir academicfield.

    Same as E-1

    Allother

    TN Canadian andMexican Citizens underNAFTA

    Up to 1 yearIncrements of upto 1 year

    The qualifiedprofession is onthe NAFTA list

    Same as E-1

    *6,800 are set aside for the H-1B1 program under terms of the U.S.-Chile and U.S.-Singapore Free TradeAgreements and to the extent unused can first be made available for general use on October 1, 2006, thestart of FY 2007.

    **1. For FY 2005: Approximately 35,000 workers, who are new H-2B workers or who are not certified asreturning workers as set forth below, seeking work start dates before October 1, 2005

    2. For FY 2005 and 2006: All returning workers, meaning workers who counted against the H-2Bannual numerical limit of 66,000 during any one of the three fiscal years preceding the fiscal yearof the requested start date. This means:

    o In a petition for a work start date before October 1, 2005 (FY 2005), the worker musthave been previously approved for an H-2B work start date between October 1, 2001 andSeptember 30, 2004.

    o In a petition for a work start date on or after October 1, 2005 (FY 2006), the worker musthave been previously approved for an H-2B work start date between October 1, 2002 andSeptember 30, 2005.

    ***The cap for states with populations in excess of 9 million is 50 per fiscal year. The cap on states withpopulations of 9 million or less is 25 per fiscal year

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    Appendix 3: Summary of Immigrant-Type Working Visas

    Class Eligibility Quota Duration of

    Stay

    Requirement Processed

    Time

    EB-1Priority

    Worker

    Aliens withextraordinary ability in

    the sciences, arts,educations, business, orathletics Outstanding professorsor researchers Executives transferredto the U.S.

    40,000 Same as E-1

    EB-2 Aliens withextraordinary ability inthe sciences, arts, or

    business; along withthose who possessadvanced degrees inprofessional fields.

    40,000 The application requiresproof that the USDepartment of Labor

    has certified that thereare no available USworkers for theposition; this is thelabor certification.

    Same as E-1

    EB-3 Professionals with BA Skilled workers(min 2yr working experience) Unskilled workers*

    40,000

    EB-4 Ministers and religious

    workers in professionalfields

    10,000** Same as E-1

    EB-5 Alien entrepreneurswhose NEW COMPANYWILL DIRECTLY investat least $1 million in thebusiness and CREATE10+ new jobs in the U.S.

    10,000*** Same as E-1

    *Maximum 10,000 visas available per year, of which 5,000 have been dedicated to adjustees under the

    NACARA (Nicaraguan Adjustment and Central American Relief Act)

    **Until September 30, 2008, up to 5,000 EB-4 immigrant visas may be made available per year to non-minister religious workers.

    ***3000 visas reserved for investors in targeted employment areas and 300 for Immigrant Investor PilotProgram

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    Appendix 4: H1B-1 Application Process Flow Chart

    Petitions should be filed as soon as possible, but no more than 6 months before the proposedemployment will begin or the extension of stay is required. If the petition is not submitted at least45 days before the employment will begin, petition processing and subsequent visa issuance maynot be completed before the alien's services are required or previous employment authorizationends.

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    Appendix 5: Status on Immigration Bills36

    Overview

    Three major immigration bills have been submitted to the Senate Judiciary Committee. SenatorsJohn McCain and Ted Kennedy introduced The Secure America and Orderly Immigration Act.Senator Cornyn introduced the Comprehensive Border Security and Immigration Reform Bill.

    Senator Hagel introduced the Comprehensive Immigration Reform Legislation. Each bill focuses ona number of immigration problems and reforming the current bill, laws, and policies. The numberone issue is border enforcement and security. The other issues are the temporary worker visas, visabacklog problems, eligibility requirements and document adjustment for immigrants currently livingin the United States.

    Current Status of the Bills and Future Process

    Each of the aforementioned bills has been submitted to the Senate Judiciary Committee. SenatorArlen Specter currently has reviewed each of the bills and has written his Chairmans Mark.According to staff members at Senator McCains and Senator Hagels Washington D.C. offices, the

    Chairman has selected the following parts to be submitted to the Senate for debate in late February toearly March:

    1) Senator Cornyns Border Security Piece2) Senator McCains Temporary Worker Piece3) Senator McCains Backlog Reduction Piece4) Senator Hagels Work Place Enforcement Piece5) Senator Cornyns Adjustment Piece (Process for documenting the

    existing 11 million illegal immigrants currently in the United States)

    According to Senator Hagels office, his Work Place Enforcement piece includes adjustments to thecurrent H1-B Visa limits for highly skilled workers. Senator Hagels adjusts the H1 limits by

    allowing current student visa holders to apply for an H1-B Visa; if they were to receive an H1-B, itwould not count against the current 65,000 limit. Additionally, Senator Hagels piece would allowH1-B Visa holders to transfer to an E-1 Visa as long as they met the E-1 Visas requirements.

    According to Senator McCains office, Senator Cornyns Adjustment piece is expected to be themost hotly contested aspect of any immigration reform bill as it deals with the issue of what to dowith the existing illegal immigrants within the United States. However, immigration has become aparamount issue and any issue which stalls the process could be tabled to allow security and borderenforcement bills to be passed. Senator McCains office indicated that while a true increase in thenumber of H1-B visas has not been proposed, it is widely recognized that the H1-B is a critical toolin attracting top foreign talent and retaining it. Therefore, it is plausible that a Senator couldintroduce an amendment to allow for an increase in the number of H1-Bs issued per year. Such anincrease does not appear to be a difficult amendment to pass although it could be susceptible tocriticism, as on its face, it appears to give high paying jobs to foreigners. Many corporations haveexpressed a desire to return the H1-B limit to its previous limit of 120,000 per year as corporationsare having trouble filling highly skilled worker positions.

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    Forest City Enterprises Page 32 of 34Amy Cheng & Joana RajaoferaJanuary 2006

    References

    1Presentation by Stan Ross (2005)

    2 US Census Bureau3 USA Today. Immigration causes age, race split (October 2005)4

    William H. Frey. The United State Population: Where The New Immigrant Are. USIS, U.S.

    Society & Values (June 1999)5 www.fairus.org6

    www.hotjobs-coolcommunities.com7

    Rose A. Zitiello, Esq. and Richard T. Herman, Esq. In The New Global And MulticulturalMarketplace, Immigrants Hold A Key To Revitalizing NE Ohio

    8 Science Board Warns of Uncertain Future for US Science and Engineering Leadership,American Institute of Physics. Retrieved from www.physicstoday.org/vol-57/iss-7/p25.html

    9 Professor Richard Florida at Carnegie Mellon University in his book, The Rise of the CreativeClass, introduced the term. The creative class is people like artists and entrepreneurs,scientists and health care professionals that drive American business innovation. Cities andregions will thrive by providing an open, tolerant environment for "cultural creative".

    10 Rose A. Zitiello, Esq. and Richard T. Herman, Esq. In The New Global And MulticulturalMarketplace, Immigrants Hold A Key To Revitalizing NE Ohio.

    11Mark Ople (June 2005). Immigration Policy and High Tech Industries. RCT Magazine.Retrieved from www.rtcmagazine.com/home/news_0506.php

    12National Center for Policy Analysis, Idea House. (September 30, 1997).

    13American Demographics. (June 2004)

    14 Rose A. Zitiello, Esq. and Richard T. Herman, Esq. In The New Global And MulticulturalMarketplace, Immigrants Hold A Key To Revitalizing NE Ohio.

    15William H. Frey. The United State Population: Where The New Immigrant Are. USIS, U.S.Society & Values (June 1999)

    16 William H. Frey. The United State Population: Where The New Immigrant Are. USIS, U.S.

    Society & Values (June 1999)17 Richard Florida and Jesse Elliott (June 2005). Baseballs home run.18 Researchers rage at tightened restrictions on US immigration. Nature Magazine, 422, 457-

    458 (April 2003)19

    Presentation from Albert, slide Demystifying Immigration Myth.20 Annual "Open Doors" report of the Institute of International Education (IEE)21 The complete version of the Civic Force Recommendations could be found at

    http://urban.csuohio.edu/ruth_ratner_miller/pubs/taskforce_internationalcleveland2003.pdf22 Examples of programs that are ran or recommended in other cities include the following: 1)

    A Plan to Attract New Philadelphians, Councilman James F. Kenney, City of Philadelphia,May 17, 2001 2) International Diversity Subcommittee Report, Allegheny Conference on

    Community Development Task Force on Young People, Subcommittee on InternationalDiversity, 2003. 3) Immigrants and Workforce Development: A Regional DevelopmentStrategy for Pittsburgh, Center for Competitive Workforce Development, Institute forEconomic Transformation, Duquesne University.

    23Robert L. Smith(7/13/03). Can immigrants save the region?, The Cleveland Plain Dealer

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    24 Rose A. Zitiello, Esq. and Richard T. Herman, Esq. In The New Global And MulticulturalMarketplace, Immigrants Hold A Key To Revitalizing NE Ohio.

    25Bruce A. Morrison and Paul Donnelly (November 2002). Attracting new Americans intoBaltimore Citys neighborhoods-again. Immigration is the Key to reversing Baltimore Citys

    Population Decline. The Abell Report.26 Further information can be found at http://www.timkentrust.org/pages/scholarship.cfm

    27 Ideas from The Civic Task Force for International Cleveland28 Ideas from the Civic Task Force for International Cleveland29 Further information can be found at http://www.immigration.com/nurse/h1bnonimm2.html30

    Ideas from the Civic Task Force for International Cleveland31 More information can be found at http://uscis.gov/graphics/services/residency/divvisa.htm32 www.fairus.org33

    http://uscis.gov/graphics/services/oth_visas.htm34

    Kefa M. Otiso and Bruce W, Smith(April 2005). Immigration and Economic Restructuringin Ohios Cities. Center for Regional Development, Bowling Green State University,

    35 Capps, Randy; Passel, Jeffrey; Lopez-Perrez, Daniel. (2003). The New Neighbors: A usersguide to data on immigrants in US community. The Urban Institute.

    36 Researched and summarized by Brendan Fisher of Forest City Enterprises, Inc.