OpenAI, the artificial intelligence company, and its subsidiary Statsig have agreed to pay $3.2 million to resolve allegations of discrimination against U.S. workers. The U.S. Justice Department announced the settlement on Tuesday, stating that the companies favored foreign workers holding temporary employment visas over qualified American applicants. This agreement addresses claims that OpenAI and Statsig violated the Immigration and Nationality Act by engaging in discriminatory hiring practices during the Permanent Labor Certification (PERM) process.

The Justice Department's Civil Rights Division found that OpenAI and Statsig made it more difficult for U.S. workers to apply for positions that the companies intended to fill with foreign workers through the PERM process. These alleged actions included not posting PERM-related job openings on OpenAI's external careers website, a practice that was standard for other job postings. Additionally, applicants for these specific roles were reportedly required to submit paper applications via mail, while electronic submissions were accepted for other positions. The department also stated that the companies advertised some positions late at night on the radio, a tactic intended to discourage U.S. worker applications.

Assistant Attorney General Harmeet K. Dhillon of the Justice Department's Civil Rights Division stated, "It is illegal to discriminate against U.S. workers by preferring temporary visa holders for jobs." She added, "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". The PERM process allows employers to sponsor foreign workers for permanent residency only after demonstrating that they cannot find qualified U.S. workers for the position. The Immigration and Nationality Act prohibits discrimination based on citizenship status during this process.

Under the terms of the settlement, OpenAI will pay $1.2 million in civil penalties to the United States. An additional $2 million will be allocated to a back-pay fund to compensate individuals who were allegedly harmed by the companies' practices. OpenAI has also committed to revising its employment policies, conducting staff training on anti-discrimination laws, and submitting to monitoring by the Justice Department. The company will also post PERM job openings on its public careers website and accept electronic applications moving forward.

While fewer than ten PERM positions were reportedly at issue, the Justice Department stated that the settlement amount reflects the harm caused to U.S. workers when they are excluded from applying for lucrative technology jobs. This settlement marks the thirteenth such resolution since the Justice Department relaunched its Protecting U.S. Workers Initiative in 2025.

OpenAI acknowledged the settlement but stated that it disagreed with the Justice Department's findings. A spokesperson for the company indicated that the agreement was reached to resolve the matter and allow OpenAI to proceed with its PERM program, which is considered critical for employees and candidates requiring immigration support. The company reiterated its mission to ensure artificial general intelligence benefits all of humanity and that attracting top talent, both domestic and international, is essential for maintaining America's leadership in AI.