OpenAI and Statsig Settle DOJ Discrimination Case for $3.2M Over Visa Holder Hiring Practices

Aug 4, 2026

On August 4, 2026, OpenAI OpCo LLC and its subsidiary Statsig Inc. agreed to a $3.2 million settlement with the DOJ to resolve allegations of hiring discrimination against U.S. workers. The DOJ alleged the companies bypassed U.S. applicants for lucrative PERM-related tech roles by hiding job postings, requiring paper applications, and running late-night radio ads. OpenAI must pay $1.2 million in civil penalties, establish a $2 million back-pay fund, and reform its hiring practices.

DOJ discrimination settlement

▪OpenAI OpCo LLC and its subsidiary Statsig Inc. agreed to a combined $3.2 million settlement with the U.S. Department of Justice on August 4, 2026.
▪The settlement resolves allegations that OpenAI OpCo LLC and Statsig Inc. violated the Immigration and Nationality Act by favoring temporary visa holders over U.S. workers.

PERM hiring discrimination allegations

▪The Department of Justice investigation into OpenAI OpCo LLC and Statsig Inc. involved fewer than ten Permanent Labor Certification positions.
▪OpenAI OpCo LLC ran late-night radio advertisements to discourage U.S. workers from applying for Permanent Labor Certification positions.
▪OpenAI OpCo LLC required applicants to mail paper applications for Permanent Labor Certification roles while allowing electronic applications for other positions.
▪The Department of Justice alleged that OpenAI OpCo LLC did not advertise positions sought through the Permanent Labor Certification program on its external job website.

Settlement compliance requirements

▪OpenAI OpCo LLC is required to train its personnel on anti-discrimination requirements, revise employment policies, and submit to departmental monitoring.
▪The settlement requires OpenAI OpCo LLC to pay $1.2 million in civil penalties to the United States.
▪OpenAI OpCo LLC must post Permanent Labor Certification recruitment positions on its public career website and accept electronic applications.

Back-pay fund for workers

▪OpenAI OpCo LLC and Statsig Inc. must establish a $2.0 million back-pay fund to compensate affected job seekers.
▪The Permanent Labor Certification program allows employers to sponsor foreign workers for permanent residency only after conducting good-faith recruitment that fails to find qualified U.S. workers.

Protecting U.S. Workers Initiative

▪The settlement marks the 13th agreement finalized under the Department of Justice's Protecting U.S. Workers Initiative since its relaunch in 2025.
▪The Protecting U.S. Workers Initiative targets citizenship status discrimination by employers who illegally favor temporary employment visa holders over U.S. workers.