OpenAI Pays $3.2 Million but Rejects DOJ’s Hiring Findings

OpenAI Pays $3.2 Million but Rejects DOJ’s Hiring Findings
OpenAI has agreed to pay $3.2 million to end a Justice Department case alleging that its visa-related hiring practices tilted the field against U.S. workers — while insisting it does not accept the government’s findings.

The dispute centers on a narrow set of jobs, but it lands in a far broader fight over whether technology companies use immigration pathways fairly. The Justice Department said it had “reasonable cause” to believe OpenAI and Bellevue, Washington-based subsidiary Statsig made it harder for U.S. applicants to seek positions the companies intended to fill through the permanent-labor-certification, or PERM, process.

Under PERM, employers seeking to sponsor temporary-visa holders for permanent residency must first conduct a good-faith search for qualified U.S. workers. The department said OpenAI and Statsig failed to take required recruitment steps for some roles, including posting jobs externally and running late-night radio advertisements. It also alleged that applicants for certain PERM jobs had to submit paper applications even though the companies typically accepted applications electronically.

The government said fewer than 10 positions were involved, but argued that the impact was still significant because the jobs were lucrative technology roles. Assistant Attorney General Harmeet K. Dhillon framed the settlement as a warning to employers: “It is illegal to discriminate against U.S. workers by preferring temporary visa holders for jobs.”

The financial terms split the penalty and restitution: OpenAI will pay $1.2 million in civil penalties, while $2 million will fund compensation for people the Justice Department says were harmed.

OpenAI’s account differs sharply. A spokesperson said the company disagreed with the DOJ’s findings, but chose to resolve the case to move ahead with its PERM program, which it called critical for workers and candidates needing immigration support. The company said maintaining U.S. leadership in AI requires recruiting “the best talent from the United States and around the world.”

[1] OpenAI Reaches $3.2 Million Settlement with DOJ Over Claims It Discriminated Against US Workers

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