Artificial Intelligence Era in US Immigration Processes: Minor Discrepancies Increase Scrutiny
The use of artificial intelligence and government databases by U.S. Citizenship and Immigration Services is leading to even minor record contradictions facing more Requests for Evidence and scrutiny.
U.S. Citizenship and Immigration Services (USCIS) is increasingly utilizing artificial intelligence, machine learning, and various government information systems to review immigration applications. The Department of Homeland Security (DHS) has publicly disclosed AI systems used for administrative functions such as document processing and identity matching.
USCIS has access to various government systems and data-sharing agreements, including data belonging to E-Verify, DHS, the Social Security Administration, and the Department of State. While the Department of Homeland Security has publicized certain AI systems used by USCIS, information belonging to the Internal Revenue Service is subject to separate legal restrictions.
The law firm Reddy Neumann Brown PC has observed that relatively minor discrepancies in immigration records are increasing the number of Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), and Notices of Intent to Revoke (NOIRs). For example, pay stubs or W-2 forms for an H-1B worker may appear inconsistent with the wages listed in the Labor Condition Application (LCA). Even with valid justifications, such differences can invite additional scrutiny.
Similarly, information provided in a DS-160 visa application may differ from details submitted in a subsequent H-1B petition, extension, or green card application. Incompatibilities in employment history, salaries, titles, addresses, or previous immigration information can raise red flags.
Artificial intelligence makes it easier for government agencies to organize large volumes of records, identify patterns, and flag potential inconsistencies. However, DHS has not confirmed that USCIS automatically cross-references every pay stub, LCA, DS-160 form, and tax record through AI, nor is there evidence showing that artificial intelligence independently makes decisions to deny immigration benefits.