As an immigration attorney, I often get asked: "Does USCIS use Artificial Intelligence to review or flag EB1 or EB2 NIW petitions?" The answer is nuanced but important for clients and petitioners to understand.
According to the recently updated DHS AI Use Case Inventory (January 22, 2025), USCIS employs AI in several areas, including fraud detection, document classification, and workflow efficiency for immigration cases. AI is used to enhance case processing, identify potential fraud, and reduce manual workload. While the specific use of AI for EB1 and EB2 NIW cases isn't explicitly outlined, AI-powered systems like the Case Processing Improvements in FDNS-DS NexGen and ELIS Evidence Classifier Machine Learning Solution are used to enhance the detection of inconsistencies and potential fraud in petitions.
You can review the full DHS AI Use Case Inventory here: DHS AI Use Case Inventory - January 2025.
Key AI systems used by USCIS include:
1️⃣ Case Processing Improvements in FDNS-DS NexGen: According to USCIS, this system strengthens the integrity of the immigration system by assisting the Fraud Detection and National Security (FDNS) Directorate in identifying individuals who may pose a threat to national security or public safety. FDNS uses AI tools to detect fraud and ensure that immigration benefits are not granted to ineligible applicants.
2️⃣ ELIS Evidence Classifier Machine Learning Solution: According to USCIS, ELIS ECMLS reduces the time spent on repetitive adjudicative tasks, this machine learning solution systematically tags high-volume, high-impact evidence types in petitions. Between September 28, 2021, and May 20, 2022, USCIS estimates that this system has saved approximately 13,348 hours of work by eliminating 24 million page scrolls, assuming it takes 2 seconds to review one page of evidence.
What does this mean for EB1 and EB2 NIW applicants?
1️⃣ USCIS may leverage AI tools to identify anomalies or patterns in documentation that might indicate fraud or discrepancies.
2️⃣ The final decision-making authority still rests with human officers, ensuring fairness and accuracy.
3️⃣ AI aids in streamlining workflows, meaning cases may move faster through initial screenings.
🌟 Why Are RFEs on the Rise?
There has been a noticeable increase in NIW applications over the past few years, which may explain the uptick in Requests for Evidence (RFEs). Factors include:
1️⃣ A significant rise in the volume of applications, which naturally increases the number of RFEs issued.
2️⃣ A higher proportion of weak or poorly-prepared submissions, including DIY filings that fail to meet USCIS standards.
3️⃣ USCIS tightening its adjudication processes, potentially influenced by AI detection systems flagging inconsistencies or anomalies.
Some have speculated that the rise in RFEs may also be partly attributed to AI-driven tools identifying areas of concern during initial reviews. This highlights the importance of ensuring your application is prepared with precision and expertise.
📝 Pro Tip:
Ensure that your recommendation letters, evidence of accomplishments, and supporting documents are well-organized and aligned with USCIS standards. Highlighting unique contributions, published work, and leadership roles can make all the difference.
Learn more about AI at USCIS:
Commenti