OpenAI Agrees to $3.2 Million Settlement Over Claims It Discriminated Against U.S. Workers

OpenAI and one of its subsidiaries will pay $3.2 million to resolve U.S. Justice Department allegations that the companies discriminated against American workers by favoring temporary visa holders for certain jobs.

The Justice Department's Civil Rights Division announced the settlement Tuesday. The department said OpenAI OpCo LLC and Statsig Inc. violated the Immigration and Nationality Act during the Permanent Labor Certification (PERM) process — the federal requirement companies must follow when sponsoring foreign workers for green cards.

According to the department, OpenAI failed to advertise some PERM-related positions on its public careers website, even though it routinely posted other openings there. The company also required U.S. applicants to mail paper applications while accepting electronic submissions for regular jobs. In some cases, positions were advertised in less accessible ways, including late-night radio spots.

The investigation focused on fewer than 10 positions, primarily in software engineering and related fields, between mid-2023 and 2025. The DOJ said the settlement amount reflected the harm caused by shutting U.S. workers out of high-paying technology roles.

Under the agreement, OpenAI will pay $1.2 million in civil penalties to the United States and establish a $2 million back-pay fund for affected workers. The company must also post future PERM openings on its public website, accept electronic applications, revise its employment policies, train staff on anti-discrimination rules, and submit to three years of Justice Department monitoring.

"It is illegal to discriminate against U.S. workers by preferring temporary visa holders for jobs," said Assistant Attorney General Harmeet K. Dhillon. "This substantial settlement ensures that OpenAI redresses harm and changes its recruitment practices so that U.S. workers receive a fair opportunity for highly sought-after technology positions."

OpenAI denied the allegations but agreed to the settlement. In a statement, the company said: "While we disagree with the DOJ's findings, we reached this agreement to resolve the matter and move forward with our PERM program, which is critical for employees and candidates requiring immigration support."

This is the 13th settlement under the Justice Department's Protecting U.S. Workers Initiative, which was relaunched in 2025 to enforce citizenship-status protections in hiring. The initiative was originally created during President Trump's first term in 2017 but was deprioritized under the Biden administration.

Sources:

U.S. Department of Justice press release (Aug. 4, 2026)

Reuters coverage

Additional reporting from The Wall Street Journal, Axios, and The Guardian.