On August 4, 2026, the Justice Department’s Civil Rights Division announced a $3.2 million settlement with OpenAI and its former subsidiary Statsig over how the companies recruited for a small number of positions tied to green card sponsorship. Fewer than ten roles were at issue, but the size of the penalty signals how closely DOJ is now scrutinizing the PERM recruitment process, and it is a case every employer sponsoring green cards should pay attention to.
What DOJ Says OpenAI Did Wrong
Federal investigators found that OpenAI did not post its PERM-related job openings on its own public careers page, even though that was its standard practice for other roles. Applicants for the PERM-tied positions were required to submit paper applications by mail, while electronic applications were accepted everywhere else at the company. Investigators also pointed to positions advertised on the radio late at night as another example of steering the listings away from where U.S. workers would actually see them. None of this is unique to OpenAI. The same pattern of quietly discouraging domestic applicants during PERM recruitment has shown up in a wave of DOJ settlements with other employers over the past year.
What the Settlement Requires
OpenAI will pay $1.2 million in civil penalties and set aside a $2 million back-pay fund for U.S. workers found to have been harmed. The company must now post all PERM-related openings publicly, accept electronic applications, retrain staff involved in PERM hiring, revise its recruitment policies, and submit to three years of Justice Department monitoring and reporting. OpenAI has not admitted wrongdoing, liability, or a violation of federal law as part of the agreement.
Why This Matters Beyond OpenAI
This is the thirteenth settlement since the Justice Department relaunched its Protecting U.S. Workers Initiative in 2025, and the department has said it intends to keep pursuing the maximum civil penalty permitted by law. The PERM process exists to test whether an employer can find qualified U.S. workers before sponsoring someone for permanent residence, and every step of that recruitment, from where a job is posted to how applications are accepted to how visible the listing actually is, is now getting closer scrutiny than it has in years.
What Employers Should Do Now
If your company sponsors employees for green cards, this is a good moment to review how PERM recruitment actually runs in practice, not just how the policy reads on paper. That means confirming job postings for PERM-related roles go through the same public channels as every other opening, applications are accepted through the same methods, and nothing about the process makes the position harder for a U.S. worker to find or apply to than any other job at the company. NPZ Law Group can review your PERM recruitment practices and help you close any gaps before they become a DOJ inquiry. Call our office at 201-670-0006 or reach out through visaserve.com to schedule a consultation.
Frequently Asked Questions
What is the PERM process, and why does it matter here?
PERM is the federal labor certification process employers must complete before sponsoring a worker for a green card through employment. It requires good-faith recruitment to test whether qualified U.S. workers are available for the position before the employer can move forward with sponsorship.
Did OpenAI admit to discriminating against U.S. workers?
No. The settlement agreement states that OpenAI does not admit wrongdoing, liability, or a violation of federal law, even though the company agreed to pay $3.2 million and accept ongoing DOJ oversight.
How many jobs were actually involved in this case?
Fewer than ten PERM positions across OpenAI and Statsig combined. DOJ said the size of the penalty reflects the harm to U.S. workers who were shut out of applying, not just the number of positions involved.
Is this an isolated case, or part of a broader trend?
It is part of a broader trend. This is the thirteenth settlement since DOJ relaunched its Protecting U.S. Workers Initiative in 2025, and the department has indicated it intends to continue pursuing similar cases.
What should employers sponsoring green cards do differently going forward?
Review actual PERM recruitment practices, not just written policy, to confirm postings are public, applications are accepted through standard channels, and nothing in the process discourages U.S. workers from applying.
If you or your family members have questions about how this or other immigration and nationality matters may affect you, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by visiting our website at www.visaserve.com for more information.