USCIS Expands Use of AI and Government Data Systems, Making Minor Record Discrepancies More Likely to Draw Scrutiny
The article describes how U.S. Citizenship and Immigration Services uses artificial intelligence, machine learning, and government information systems in administrative functions such as document processing and identity matching, and explains data sources including E-Verify and the Department of State as well as legal limits on IRS information. A law firm cited in the article says it has recently seen an increase in requests for evidence, notices of intent to deny, and notices of intent to revoke, with some cases involving only minor discrepancies among pay stubs, W-2s, LCAs, DS-160s, and later applications. The article also notes that the Department of Homeland Security has not confirmed that AI automatically compares every record or independently makes denial decisions, and it recommends checking materials for consistency before filing.
U.S. Citizenship and Immigration Services (USCIS) is increasingly using artificial intelligence (AI), machine learning, and government information systems to review immigration applications. The Department of Homeland Security (DHS) has publicly confirmed that USCIS uses multiple AI systems in document processing, identity matching, and other administrative functions. The use of these technologies is changing how officials access and review immigration records.
USCIS can obtain information through various government systems and authorized data-sharing arrangements. For example, the E-Verify system can match records maintained by DHS and the Social Security Administration (SSA). USCIS can also access some immigration and visa information held by the Department of State (DOS). However, information held by the Internal Revenue Service (IRS) remains subject to separate legal restrictions.
At Reddy Neumann Brown PC, we have recently noticed an increase in the number of Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), and Notices of Intent to Revoke (NOIRs) issued by USCIS. Many of these cases involve only relatively minor discrepancies in immigration records.
For example, the amount on an H-1B employee's pay stub or W-2 form may not match the wage listed in the Labor Condition Application (LCA). Although there may be a reasonable explanation for such a situation, discrepancies of this kind can easily invite additional scrutiny.
Similarly, information provided by an applicant on the DS-160 visa application form may not match details in a subsequently filed H-1B petition, extension application, or green card application. Discrepancies in work history, salary, job title, residential address, or past immigration records can all raise questions from officials.
The law firm's article quotes the observation that an answer an applicant gave at a visa interview ten years ago may resurface today.
AI makes it easier for government agencies to organize massive records, identify potential patterns, and flag inconsistencies. However, DHS has not confirmed that USCIS uses AI to automatically compare every pay stub, LCA, DS-160, and tax record, and there is currently no evidence that AI independently makes decisions to deny immigration applications.
Nevertheless, the future trend is clear: technology is playing an increasingly important role in immigration review and enforcement.
We strongly recommend that employers and employees carefully review immigration filing documents, wage records, prior visa applications, and resume information before submitting a new application. If any inconsistencies are found, they should be confirmed in advance and reasonably explained.
The belief that minor discrepancies will go unnoticed is becoming increasingly dangerous. Ensuring the accuracy, consistency, and completeness of materials is more critical than ever.
