OpenAI pays $3.2 million settlement over alleged visa‑bias hiring

OpenAI and its Bellevue‑based subsidiary Statsig agreed Tuesday to a $3.2 million settlement with the U.S. Justice Department after federal investigators said the firms discriminated against U.S. workers by preferring temporary‑visa candidates in PERM hiring processes [1].

DOJ findings and settlement terms

The Justice Department’s Civil Rights Division alleged that OpenAI failed to post several PERM‑related jobs on external sites, required paper applications for those roles while allowing electronic submissions for other positions, and even advertised openings on late‑night radio to deter U.S. applicants [3]. Fewer than ten positions were at issue, but the DOJ said the amount “reflects the harm to U.S. workers when they are shut out of applying for lucrative technology jobs” [1]. Under the agreement, OpenAI will pay $1.2 million in civil penalties and set aside $2 million to compensate workers who were allegedly excluded [3]. The company must also post PERM jobs on its public career site, accept electronic applications, train staff on the Immigration and Nationality Act’s anti‑discrimination rules, and submit to DOJ monitoring [3].

Industry context and OpenAI’s response

OpenAI’s settlement follows similar actions against other Bay Area tech firms—Meta paid $14.25 million in 2021 and Apple $25 million in 2023 for comparable violations [2]. While OpenAI disputes the DOJ’s findings, it said it settled “to resolve the matter and move forward with its PERM program, which is critical for employees and candidates requiring immigration support” [1]. The case arrives amid a broader federal push, revived in 2025, to enforce the Protecting U.S. Workers Initiative, which targets companies that allegedly prioritize foreign visa holders over domestic talent [3].

What to watch

• Compliance reporting – DOJ monitoring reports due from OpenAI will reveal whether the new recruitment safeguards are being implemented.
• Future hiring patterns – Watch for changes in the number of PERM filings and the proportion of visa‑sponsored hires disclosed in OpenAI’s SEC filings.
• Regulatory ripple effects – Other AI firms may adjust their recruitment policies pre‑emptively, potentially prompting additional DOJ inquiries.

The settlement underscores heightened regulatory scrutiny of AI‑sector hiring practices and raises questions about how quickly OpenAI can align its recruitment processes with U.S. labor‑law expectations while maintaining its global talent pipeline.