The settlement, announced Tuesday by the Justice Department's Civil Rights Division, covers OpenAI OpCo LLC and its subsidiary, Statsig Inc. Authorities said the companies violated the Immigration and Nationality Act during the Permanent Labor Certification (PERM) process, which employers use to sponsor foreign workers for permanent residency when qualified U.S. workers cannot be found.
According to the investigation, OpenAI failed to advertise PERM positions on its public careers website, despite routinely posting other job openings there. The company also required applicants for those positions to submit paper applications by mail while allowing electronic applications for other roles. Investigators said OpenAI also took additional steps that discouraged U.S. workers from applying, including airing job advertisements on the radio late at night.
Although fewer than 10 PERM positions were involved, the Justice Department said the settlement reflects the harm caused when U.S. workers are denied the opportunity to compete for high-paying technology jobs.
Under the agreement, OpenAI will pay $1.2 million in civil penalties and create a $2 million back-pay fund for affected workers. The company must also post PERM openings on its public careers website, accept electronic applications, train employees on anti-discrimination requirements, revise its hiring policies, and comply with government monitoring and reporting requirements.
The Justice Department said the PERM program requires employers to conduct good-faith recruitment to determine whether qualified U.S. workers are available before sponsoring foreign workers for permanent residence. During that process, employers are prohibited from discriminating against U.S. workers based on citizenship status.
Earlier, Qazinform News Agency reported that AI is reshaping not only how work is done but also who performs it, according to a new report from OpenAI.