The US Department of Justice (DOJ) has reached a $3.2 million settlement with OpenAI and its former subsidiary Statsig over allegations that the companies violated provisions of the Immigration and Nationality Act (INA) during the recruitment of workers under the Permanent Labor Certification (PERM) program. According to the DOJ, the companies allegedly favored temporary visa holders over qualified US workers while filling a limited number of technology positions.
The investigation covered fewer than 10 PERM roles, but the settlement includes $1.2 million in civil penalties and a $2 million back-pay fund for individuals allegedly affected by the recruitment practices.
According to the Justice Department, OpenAI used recruitment methods for PERM positions that differed from its standard hiring process. The agency alleged that the company did not advertise certain PERM jobs on its public careers website, despite using the platform for other vacancies.
The DOJ further claimed that applicants for these positions were required to submit paper applications by mail, while candidates for other roles could apply electronically. It also alleged that some job advertisements were broadcast on late-night radio, limiting their visibility to potential US applicants.
"It is illegal to discriminate against US workers by preferring temporary visa holders for jobs," said Assistant Attorney General Harmeet K. Dhillon of the Justice Department's Civil Rights Division. "This substantial settlement ensures that OpenAI redresses harm and changes its recruitment practices so that US workers receive a fair opportunity for highly sought-after technology positions," Dhillon added.
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Under the agreement, OpenAI must revise its hiring practices for PERM positions by posting vacancies publicly on its careers website and allowing electronic applications from all candidates. The company is also required to train employees on the INA's anti-discrimination provisions, update its employment policies, and comply with ongoing DOJ monitoring and reporting requirements.
The PERM program is a pathway to permanent residency for foreign workers that is only available for US employers who have conducted a good faith recruitment process in order to show that there is no qualified US worker who is willing to fill the position.
The DOJ said it started investigating OpenAI and Statsig in August 2025, before OpenAI acquired the company in September 2025. The settlement is similar to other enforcement actions against large technology firms, such as Apple and Facebook, and comes as a continuation of the government's investigation of hiring practices under the PERM program.