OpenAI agreed to three years of Justice Department monitoring after federal officials alleged that its green card recruitment practices unfairly discouraged U.S. workers from applying. The settlement carries $3.2 million in combined penalties and potential back pay, while requiring significant changes to how the company handles jobs connected to permanent residency sponsorship.
The Justice Department announced the settlement on August 4, 2026, one day after it was signed by OpenAI OpCo LLC, Statsig Inc. and the department’s Civil Rights Division. The agreement resolves four worker complaints and an independent federal investigation involving recruitment under the Permanent Labor Certification program, commonly known as PERM.
Investigators concluded that OpenAI and Statsig required U.S. workers interested in PERM-related positions to submit paper applications by mail, although applicants for other jobs could apply electronically. The department also said OpenAI did not place the affected positions on its public career website and advertised some openings on the radio late at night.
The investigations covered five OpenAI job advertisements from June 2023 through at least April 2025 and one Statsig recruitment in July 2025. Fewer than 10 positions were involved, according to the Justice Department.
Under the settlement, OpenAI and Statsig will pay $1.2 million in civil penalties and reserve another $2 million for potential back pay. The Justice Department will identify eligible U.S. workers who applied for the positions and determine whether compensation is appropriate.
The companies must create PERM recruitment policies for federal review, post affected jobs on their external career websites and allow electronic applications for PERM-related jobs. Applications must also enter the same tracking systems used for other candidates, making them searchable and available to recruiting teams.
Relevant employees, recruiters, contractors and agents must receive anti-discrimination training. OpenAI and Statsig will also submit reports every six months describing their PERM recruitment activity, including the positions involved and the number of applicants considered qualified.
PERM is often an early step when a U.S. employer sponsors a foreign professional for employment-based permanent residence. Employers generally must test the labor market and demonstrate that they could not find a qualified, available U.S. worker for the position.
The settlement does not end OpenAI’s ability to sponsor international employees. Instead, it reinforces that recruitment connected to green card cases must offer U.S. workers a genuine and accessible opportunity to apply. For international professionals, the case shows how closely employer recruitment procedures may be examined before or during the sponsorship process.
OpenAI denied the department’s allegations, and the agreement states that it does not constitute an admission of wrongdoing or legal liability.
Disclaimer: This article provides general information and is not legal or immigration advice. Individuals should consult a qualified immigration attorney about their circumstances.