OpenAI faces three-year federal oversight of hiring practices

Federal investigators accused the firms of violating the Immigration and Nationality Act by failing to conduct genuine recruitment efforts for U.S. citizens before seeking green cards for foreign workers. The DOJ detailed specific tactics used to discourage domestic applicants, including the use of obscure radio advertisements, reliance on paper-only application processes, and the strategic omission of job postings from public boards. While the investigation involved fewer than 10 specific roles, the settlement requires the companies to pay $1.2 million in civil penalties and set aside $2 million for potential restitution to harmed applicants.

Under the terms of the agreement, OpenAI must submit to rigorous monitoring, including the formal drafting of hiring policies and the submission of semi-annual reports detailing recruitment statistics and interview processes. The investigation began in August 2025, covering five cases at OpenAI and one at Statsig, leading up to the period when the firms were linked through an acquisition. This enforcement action aligns with a broader trend of DOJ scrutiny toward the tech sector, mirroring previous settlements involving Apple and Facebook during the Biden administration. Although the companies agreed to the financial and oversight terms, they stopped short of admitting to any wrongdoing.