Artificial Intelligence and Immigration Implications

According to the International Monetary Fund, almost 40% of global employment will be impacted by artificial intelligence.

The field of immigration is no exception, and several countries are already implementing or planning to implement artificial intelligence (AI) into their immigration systems to obtain benefits such as increased productivity by their staff members, enhanced security measures and streamlined recruitment of foreign nationals.

This blog discusses recent and forthcoming examples of AI in immigration systems; ways for companies and governments to prepare for the AI revolution and adapt it for their uses; and addresses some of the challenges and concerns surrounding the use of AI in immigration.

Some recent examples of AI being utilized in immigration systems include:

• In the United Arab Emirates, the Dubai airport launched an iris scanner to confirm identity, allowing travelers entering the country to move rapidly through passport control while still maintaining security precautions.
• Portugal uses AI tools to validate the authenticity of documents submitted with an online citizenship application.
• The government of Brazil is planning to utilize AI to analyze residence permit applications for employment, to reduce bureaucracy and speed up processing times.
• France is expected to begin using AI to uncover and trace document fraud on the ANEF (Digital Administration for Foreigners in France) portal.

How can companies and governments prepare for AI and adapt it for their purposes?

• Ensure compliance with standards in the region they are operating. Across the world, countries and regions are taking different approaches towards regulating AI and affected employers should be aware and revise their business practices if they are subject to these new rules. For example, the European Union is set to become the world’s leading tech regulator when the Artificial Intelligence Act goes into effect; the law will implement regulations on AI in phases, with the first phase banning prohibited AI systems that pose “unacceptable risks”.
• Adopt specific AI visas to attract talent. Many governments recognize the transformative nature of AI and the critical need to attract individuals specialized in AI practices to transform industries and boost productivity.
  • The United States is considering changes to the J-1 exchange visitor program that could enhance opportunities for AI talent. The U.S. government is also reviewing existing immigration pathways, including the EB-1, EB-2, O-1 and International Entrepreneur Parole Program, to clarify and modernize these pathways for experts in AI.
  • Australia launched a Mobility Arrangement for Talented Early-Professionals Scheme, which provides 3,000 places for Indian national early professionals in several fields, including AI.
• Utilize predictive technology to understand how migration management affects their companies. AI is being used for migration management, allowing the public and private sectors to pool information that can be used to predict migration flows, leading to more informed decisions and policy-making.
• Implement upskilling and reskilling initiatives. The private sector should include AI upskilling initiatives as part of their workers’ regular assignments. This is particularly important as, according to the Harvard Business Review, “the half-life of [tech] skills is now less than five years, and in some tech fields it’s as low as two and a half years.” Constantly hiring new talent for emerging AI technology would result in a revolving door at a company, creating a loss of institutional knowledge, productivity, and revenue. By adopting upskilling and reskilling initiatives to keep up with the latest AI technology, employers build employee loyalty.

What challenges and concerns should companies and governments be aware of when utilizing AI or immigration systems built with AI?

• Confidentiality of information. Governments and the private sector alike collect highly sensitive data essential to immigration procedures, such as biometrics and passports. With the AI transfer of information into systems, employers and government officials must ensure that these systems comply with data privacy laws, contain adequate cyber security precautions, and will not be used to harm the individual.
• National security issues. Governments want to ensure that information they store on private sector AI platforms is only shared with select partners and does not end up with adversaries that could potentially use this information for nefarious reasons.
• Translation issues. AI has already proven to be somewhat unreliable when used for translation purposes, due to the nuances of written and spoken languages. Although it may be cheaper and faster to utilize AI for this purpose, translation errors may lead to undesirable outcomes, such as denied visa applications. Employers and government individuals should be extremely circumspect in determining when and what type of AI translation technology they employ.
• Divide in uptake of AI by countries. To effectively utilize AI, companies and governments must operate in countries with a suitable information and communication technology infrastructure. Developing countries, which may not have this infrastructure or individuals with the skill set to operate such infrastructure, may be slower adopters of AI technology. As a result, if AI is needed for productivity, companies may end up reshoring jobs originally outsourced to these developing countries, causing greater disparities among countries.

Due to the ever-changing nature of AI technology, companies should reach out to their immigration professionals for guidance in navigating the complex landscape at the intersection of these two fields.

Need to know more?

For more information on AI and immigration, order our latest Worldwide Immigration Trends Report where Fragomen tracks the latest developments on this topic and more. For additional inquiries, please contact Senior Associate Sarah Blackmore at [email protected].

This blog was published on July 5, 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.