The Justice Department reached a $3.2 million settlement with OpenAI and one of its subsidiaries after an investigation concluded the firms discriminated against U.S. workers in favor of temporary‑visa employees. According to the department, OpenAI failed to advertise certain positions on its public jobs website, instead requiring paper applications for those roles and even placing ads on late‑night radio.
Under the settlement, OpenAI must post all future openings on its public jobs portal and accept electronic applications for every role. The company will also conduct anti‑discrimination training for staff, focusing on the Immigration and Nationality Act’s provisions. Financially, OpenAI agreed to pay $1.2 million in civil penalties and to contribute $2 million to a back‑pay fund designed for applicants who were not fairly considered.
The DOJ said it will review applications submitted by U.S. workers who believe they were victims of the alleged discrimination. The back‑pay fund will be limited to those individuals, not to anyone who simply missed an OpenAI posting.
OpenAI’s practices mirror those that prompted previous settlements with other tech giants. Meta reached a multi‑million‑dollar deal in 2021 after a 2020 lawsuit over its H‑1B program, and Apple settled with the DOJ in 2023 over similar under‑advertising tactics.
Hiring foreign‑trained talent remains common in the industry. In 2025, firms such as Google, Meta and Amazon secured the bulk of approved H‑1B visas. The DOJ’s recent actions reflect a broader shift in federal immigration enforcement, highlighted by policy changes from the previous administration that sought to limit visa access and impose additional fees.
OpenAI’s compliance steps and the financial penalties mark a concrete outcome of the DOJ’s intensified scrutiny of tech companies’ labor practices. The settlement also signals to the sector that adherence to transparent hiring standards is no longer optional.
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