We were scrolling through Reddit one evening when we came across a comment questioning why people warn against using AI to create immigration business plans. The idea was simple: “If AI can pass the bar exam, why can’t it write an EB2 or NIW plan?”
It’s a fair question on the surface, so we decided to jump in. The short version is this:
AI can answer law school hypotheticals, but real life is not a hypothetical. Visa officers do not operate like bar exam graders. And business immigration cases are not academic exercises.
But the longer version tells a better story.
The Bar Exam Is Not the Real World
When AI passes the bar exam, it shows that it can analyze facts and recall case law. But the bar exam mostly tests memorization and issue spotting. It does not test judgment. It does not test strategy. And it certainly does not test your ability to read immigration trends that change depending on the administration in power.
Currently, under the Trump administration, adjudication standards are shifting rapidly. Officers are applying new standards, reinterpreting old ones, and issuing RFEs for things that did not raise concerns a year ago. None of this is written online in a consistent way. Most of it is not written at all.
But AI learns only from what is available on the internet. So if the internet does not reflect this evolving reality, AI cannot reflect it either.
The Hidden Rules AI Cannot See
We told the Reddit commenter something they had probably never heard:
Many visa petitions go through consulates that have their own unwritten rules.
Like U.S. consulates in Canada, where page limits are strict.
Or the consulate in Italy, where certain supporting documents matter more than people realize.
Or the consulate in London, where officers scrutinize staffing differently than USCIS does.
AI does not know any of this.
It cannot know.
We have seen clients come to us after trying to file on their own because an AI drafted “business plan” looked polished. But the plan contained claims that contradicted the consulate’s expectations without the client even realizing it.
One client told us, “The consulate asked me something about ‘projected staff allocation’ and I had no idea what they were referring to.”
We did.
The AI-generated plan had used unrealistic staffing assumptions without considering that this consulate expects to see certain support roles hired before managerial positions.
Small gaps turn into big problems quickly.
When AI Works — and When It Is Dangerous
AI only works when the person using it already understands:
Immigration law
Adjudication trends
RFE patterns
Consulate-specific rules
What officers look for
How business realities must match visa requirements
That is not the average applicant.
One E2 client once came to us after using AI to “draft a first version.” It looked clean. It sounded confident. But it was completely out of alignment with his finances, his staffing model, and his operational capacity. That mismatch would have caused an immediate RFE.
He told us later, “It sounded so convincing that I assumed it had to be correct.”
That is the danger. Because these are not marketing documents. They are legal documents.
The Furniture Test
We joked on Reddit that using AI for an immigration business plan is like building furniture without instructions.
You might end up with something that looks like a chair.
Until you sit on it.
That’s when it breaks.
And the breaking usually comes in the form of an RFE or denial.
We have seen EB2 NIW denials where the officer said the plan lacked national importance analysis.
We have seen L1A RFEs where the plan failed to justify managerial duties.
We have seen E2 denials where projections were copied from generic templates.
AI can imitate language, but it cannot imitate insight.
It cannot read between the lines of what officers are doing this year versus last year.
It cannot study 15 years of approvals and RFEs the way we do.
Why This Matters
We were honest in our Reddit response because people deserve the truth.
AI is not the problem.
Lack of context is.
If you already understand the law, the strategy, the adjudication trends, and how the business world must match the immigration world, AI can be a helpful assistant.
But if you do not, AI becomes risky very quickly.
Immigration officers are trained to catch the cracks. AI is trained to sound confident.
Those are not the same skills.
And in business immigration, confidence without accuracy is what gets cases denied.
Contact us today to get started
The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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