- OpenAI and Statsig will pay three point two million dollars to settle recruitment discrimination claims.
- The companies allegedly favored foreign visa holders by creating hurdles for American job seekers.
- The Department of Justice mandated three years of monitoring and reformed electronic application processes.
The U.S. Department of Justice announced a $3.2 million settlement with OpenAI OpCo LLC and Statsig Inc. on August 4, 2026, resolving allegations that the companies favored foreign visa holders over U.S. workers in recruitment for green-card sponsorship.
The department’s Civil Rights Division said its Immigrant and Employee Rights Section found violations of the Immigration and Nationality Act during hiring tied to the Permanent Labor Certification process. The companies will pay $1.2 million to the United States and create a $2 million fund for workers who were allegedly denied fair consideration.
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The investigation involved fewer than 10 positions. DOJ said the settlement amount reflected the “intentional and egregious” nature of the alleged recruitment barriers.
Assistant Attorney General Harmeet K. Dhillon said the agreement would require the companies to change how they recruit for sought-after technology jobs.
“It is illegal to discriminate against U.S. workers by preferring temporary visa holders for jobs. 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.”
Dhillon also tied the case to a broader federal enforcement push. She said companies that engage in similar conduct should expect closer scrutiny.
“Companies engaging in such discrimination are on notice that the days of the federal government looking the other way on American workforce protection are over. Protecting job opportunities for the American workforce is one of our top priorities.”
The recruitment rules allegedly changed when PERM jobs opened
The PERM program requires an employer to establish that no qualified, willing and available U.S. workers can fill a position before the employer sponsors a foreign national for permanent residence. DOJ said the companies manipulated that process so pre-selected foreign visa holders could obtain permanent residency without competing fairly with U.S. applicants.
The alleged barriers applied to jobs connected to PERM recruitment. The company did not list those openings on its external careers website, even though it normally posted other positions there.
Applicants also faced different submission rules. U.S. candidates had to send paper applications by mail, while applicants for other jobs could apply electronically.
The companies used late-night radio advertising for the positions as well. DOJ said the approach reduced the jobs’ visibility among qualified U.S. workers.
The payment divides between penalties and worker compensation
The agreement directs the money into two separate channels:
| Settlement component | Amount | Recipient or purpose |
|---|---|---|
| Civil penalties | $1.2 million | Paid directly to the United States |
| Back-pay fund | $2 million | Compensation for eligible U.S. workers |
| Combined payment | $3,200,000 | Resolves the settlement |
The back-pay fund covers workers who applied for the jobs or were discouraged from applying, subject to the department’s review. DOJ will examine applications from U.S. workers to determine who may have been unfairly passed over.
The enforcement action also carries operational requirements. The companies must post every PERM-related role on their public-facing jobs portal and accept electronic applications for all open positions.
Recruitment staff must receive training on the INA’s anti-discrimination provisions. Federal monitoring will continue for three years.
DOJ puts artificial intelligence companies on notice
The case marks the first major enforcement action against a leading artificial intelligence firm under the current administration’s intensified focus on “American Workforce Protection,” according to the department’s announcement.
The agency’s action reaches beyond the individual openings. It warns Silicon Valley employers that recruitment methods involving H-1B and other temporary visa holders can draw scrutiny when those methods limit access for U.S. workers.
PERM sponsorship is not a substitute for an open hiring process. Employers must show that qualified U.S. workers were not available for the sponsored position, and the recruitment record must support that conclusion.
The settlement also illustrates how seemingly routine application procedures can become part of an immigration-related discrimination case. A public careers posting, an electronic application route and ordinary advertising may determine whether U.S. workers can realistically compete.
The department will handle outreach and review connected to the fund while the companies carry out the recruitment changes. The monitoring period will last three years.
This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.
