Document Type


Publication Date



Immigration policy, Immigration Act of 1990, Canada, European Union, United Kingdom, Kazarian v. U.S. Citizenship and Immigration Services


Comparative and Foreign Law | Immigration Law


The United States has long benefited as a leader in attracting the "best and brightest" immigrants. However, the world has changed since the U.S. immigration system's last major modification in 1990. The United States is no longer the primary destination for many talented immigrants. Many other nations have enacted immigration systems meant to attract the best and brightest immigrants. These immigration systems are often point- based and allow potential immigrants to quickly determine eligibility. By comparison, the U.S. immigration system is slow and complicated. Many now question the United States' ability to attract talented immigrants. This Article first examines how other national immigration systems entice the best and brightest immigrants. It then examines the current U.S. immigration system and its evolution since the Immigration Act of 1990. Finally, the Article suggests how the United States can improve its immigration system to continue to attract talented immigrants.

Publication Citation

Chris Gafner & Stephen Yale-Loehr, "Attracting the Best and the Brightest: A Critique of the Current U.S. Immigration System", 38 Fordham Urban Law Journal (2010-11)