National Security Risks in the AI Era
The DOJ’s focus on immigration enforcement isn’t just about compliance—it’s also about national security. Employing foreign nationals on sensitive AI projects, particularly those with potential military or surveillance applications, poses risks. In 2024, OpenAI faced scrutiny when employees filed a whistleblower complaint with the Securities and Exchange Commission, alleging restrictive agreements that hindered reporting safety risks in AI technology. The DOJ’s expanded program could amplify such concerns, as whistleblowers now have a direct channel to report not only safety issues but also visa-related misconduct.
The fear of intellectual property theft or espionage is not unfounded. AI’s transformative potential makes it a prime target for foreign governments, and the DOJ’s new policy reflects a broader “America First” agenda prioritizing U.S. interests. Companies like xAI, which is developing AI to accelerate human scientific discovery, may face heightened scrutiny if they rely on H-1B workers for critical projects. The risk of proprietary AI technology leaking to adversarial nations could prompt regulators to question the necessity of foreign talent when Americans are available for these positions.
