OpenAI has agreed to pay $3.2 million to settle claims from the Trump administration’s Department of Justice that it discriminated against American workers while recruiting for jobs tied to employment-based immigration sponsorships. The settlement was announced Tuesday by the DOJ‘s Civil Rights Division.

The case centers on OpenAI and its subsidiary Statsig, which the government said favored foreign workers holding temporary employment visas during recruitment conducted through the Permanent Labor Certification, or PERM, process. Employers use PERM to prove that no qualified American worker was available before sponsoring a foreign employee for a green card.

Investigators found that OpenAI made it harder for American workers to find and apply for some of these roles. The company failed to post certain job openings on its public careers website, even though doing so was its standard practice for other positions. It also required applicants for PERM-linked roles to submit paper applications by mail, while allowing electronic applications for most other jobs at the company.

Of the $3.2 million settlement, $1.2 million will be paid as a civil penalty. The remaining $2 million will be set aside as a restitution fund for American citizens who applied to the affected positions and can show they were harmed by the hiring practices.

The settlement will remain in effect for three years. During that period, OpenAI and Statsig will be subject to DOJ monitoring and periodic reporting requirements meant to ensure compliance with federal anti-discrimination laws governing PERM-linked recruitment.

The action is part of a broader push by the Trump administration’s DOJ to scrutinize how tech companies use the H-1B visa and green card sponsorship pipeline, amid continued political debate over whether such programs displace qualified American applicants. OpenAI has not issued a detailed public response beyond agreeing to the settlement terms.

The case adds to a growing list of regulatory and legal challenges facing OpenAI in 2026, as the company simultaneously fights a separate trade secrets lawsuit brought by Apple and navigates scrutiny over its rapid hiring and infrastructure expansion.