OpenAI Ordered to Pay $3.2 Million: What Changes for Job Seekers?

OpenAI will pay $3.2 million after reaching a settlement with the U.S. Department of Justice (DOJ) over hiring practices that, according to EFE, limited opportunities for U.S. workers to compete for certain technology jobs.

The case requires the company to modify parts of its hiring process and once again highlights the rules companies must follow when seeking to hire foreign workers.

• Why it matters: Although the settlement involves fewer than ten job positions, the Department of Justice argues that OpenAI hiring practices prevented some qualified U.S. workers from having a fair opportunity to compete for high-paying technology jobs.

The Case That Led to the OpenAI Penalty

According to EFE, a Department of Justice investigation found that OpenAI failed to comply with rules governing the Permanent Labor Certification (PERM) program, a process employers must follow when sponsoring permanent residency for workers holding temporary visas.

According to the agency’s report, the company did not post certain PERM-related job openings on its careers website, even though it regularly advertised other available positions.

The investigation also concluded that OpenAI used unusual methods to publicize those openings, including radio advertisements aired during overnight hours—a practice that, according to the DOJ, discouraged U.S. workers from applying.

As part of the settlement, OpenAI will pay $1.2 million in civil penalties and contribute $2 million to a fund that will compensate affected workers for lost wages resulting from these practices.

Why This Case Matters for Job Seekers

The PERM program allows employers to sponsor permanent residency for foreign workers when they cannot find qualified candidates within the United States to fill a position.

For that reason, federal law requires that these jobs first be offered to available U.S. workers and that employers follow specific recruitment requirements before moving forward with immigration sponsorship.

The Department of Justice believes the OpenAI hiring practices identified during the investigation reduced the chances that U.S. workers would learn about these job opportunities and apply under equal conditions.

Officials emphasized that although the investigation covered only a small number of job openings, the impact was significant because the positions were high-paying technology jobs.

OpenAI Must Change Its Hiring Process in the U.S.

As part of the agreement, the company accepted changes to its hiring practices to ensure that U.S. workers have a fair opportunity to compete for these positions.

Harmeet K. Dhillon, Assistant Attorney General for the DOJ’s Civil Rights Division, said it is illegal to discriminate against U.S. workers by favoring individuals with temporary work visas for employment opportunities.

🏢 Companies | OpenAI and one of its subsidiaries will pay $3.2 million to resolve allegations by the U.S. government that they favored foreign workers with temporary work visas and discriminated against American job applicants in the…

— El Economista (@eleconomista) August 4, 2026

The settlement with OpenAI is the thirteenth reached by the Department of Justice since it reactivated a program in 2025 aimed at combating discrimination based on citizenship status.

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What’s Next

Following this agreement, OpenAI must implement changes to its hiring procedures related to the PERM program and comply with the conditions established by the Department of Justice.

The case also reflects increased government oversight of compliance with regulations governing the hiring of foreign workers when companies seek to fill specialized positions.