Consistency Is Key for Immigration Filings in a Super Intelligence World

As noted in the United States Citizenship and Immigration Services’ (USCIS) superintelligence use case inventory, USCIS currently uses a variety of artificial intelligence and machine learning tools, including a machine-learning tool for classifying evidence, a machine-learning enabled biometrics enrollment tool, a generative AI-enabled interview simulator tool, and a generative AI-enabled security monitoring tool, among others. Simultaneously DHS and other agencies have ramped up efforts to combat fraud as evidenced in the October 8, 2026, press conference where Department of Labor Secretary Keith Sonderling announced it was suspending PERM (Program Electronic Review Management) processing for eight major companies and announced the formation of the “visa fraud strike team.” 

While it has always been important for employers and employees to present consistent information in their immigration filings, with AI and ML tools advancing efforts to uncover inconsistencies (whether innocent or not), employers and employees must take meticulous care in what is presented to government agencies.

EGIS III AI Upgrade 

In addition, USCIS has signaled that it may begin using an AI tool that could significantly impact the adjudication of immigration benefit requests. USCIS has announced that it plans to award a contract for Enterprise Gateway and Integration Services (EGIS) III, valued at $50 million to $100 million, including tools for “AI-enabled anomaly detection, and decision support.”

EGIS, which was launched in 2019, is a system through which USCIS connects and exchanges information with its internal databases, as well as external government agencies and systems, including Department of State databases, ICE’s Student and Exchange Visitor Information System (SEVIS), U.S. Customs and Border Protection databases, the Validation Instrument for Business Enterprises (VIBE), the FBI National Name Check Program, the National Law Enforcement Telecommunications System (NLETS), and others. USCIS noted that EGIS III will expand the system’s current role of serving as an integration system to include:  “supporting national security, immigration system integrity and advanced adjudication operations with key mission[s] including: National security vetting and evolving immigration policies; screening immigration benefit applicants; protecting immigration benefits and work authorization integrity; advanced data integration, analytics, AI-enabled anomaly detection, and decision support; agility, rapid delivery, operational excellence, transparency, and reduced duplication; fraud detection, risk scoring, and investigative data workflows.”

Key Considerations for Employers

AI and ML tools, combined with the vast data available through EGIS, may allow USCIS officers adjudicating employers’ immigration benefit requests to process more information and quickly identify inconsistencies between evidence and information in a current request and previous applications. Additionally, the introduction of these tools may allow USCIS officers to quickly identify omissions related to an employee’s immigration or criminal history. Such inconsistencies can result in requests for evidence, audits, notices of intent to deny, denials of applications, site visits, revocations of visas, findings of fraud or misrepresentation, and, in some cases, even detention or removal.

In light of the impending upgrade to EGIS, it is critical that employers ensure consistency across all immigration benefit applications. Employers must ensure that all information (dates of employment, job titles, job locations, immigration history, security vetting information, dependent information, etc.) is consistent across all immigration applications (DS-160 visa applications, previous I-129 nonimmigrant visa petitions, I-140 immigrant visa petitions, etc.). Additionally, it is imperative that employees disclose any potential immigration violation or possible criminal violation so that it can be vetted by the employer and the employer’s attorney and properly disclosed and explained in any future application for immigration benefits.

For example, common scenarios for H-1B workers that may be picked up by AI tools include an amendment based on a change in worksite location filed after someone submitted an AR-11 change of address several months earlier, or the reverse scenario in which the employee moved, but never filed an AR-11 notifying USCIS of the change. 

Next Steps 

We encourage employers to examine how the above will impact their own sponsorship processes, and to share this summary with hiring managers involved in sponsoring foreign professionals, and with employees who may be the first line of defense in flagging a possible worksite change or consideration of a promotion, for example. We are happy to schedule a call to review how these changes may impact your specific employee population or to discuss how we may assist in developing processes to support or protect your organizational goals.

 Learn more about Womble’s Immigration, Privacy and Cybersecurity, and AI teams.