OpenAI and Statsig have agreed to a $3.2 million settlement with the U.S. Department of Justice over allegations that their recruitment practices unfairly restricted U.S. workers from jobs connected to permanent residency sponsorship. The agreement also places the companies’ relevant hiring practices under Justice Department oversight for three years.
Neither company admitted wrongdoing. Under the settlement, OpenAI and Statsig will pay a $1.2 million civil penalty and set aside up to $2 million in potential back pay for eligible U.S. workers identified by the department.
DOJ Focused on PERM Recruitment
The dispute concerns the permanent labor certification, or PERM, process, which employers can use when sponsoring foreign workers for permanent U.S. residency. Employers using the programme must conduct recruitment intended to determine whether qualified and available U.S. workers can fill the position.
The DOJ said OpenAI used discriminatory recruitment practices for five PERM-related advertisements between June 2023 and April 2025, while Statsig was accused of similar conduct in one recruitment process in July 2025. The department said applicants for those roles were required to apply by mail instead of electronically through the companies’ usual hiring systems.
The Justice Department also said some PERM vacancies were not posted on the companies’ public careers websites, while other recruitment measures included radio advertisements scheduled late at night. According to the DOJ, these practices created additional barriers for U.S. workers applying for the positions.
Three Years of Hiring Oversight
The settlement agreement requires OpenAI and Statsig to create formal policies governing PERM recruitment and submit them to the DOJ for approval. Relevant employees must also receive training on the Immigration and Nationality Act’s anti-discrimination requirements.
The companies will provide regular reports covering their PERM recruitment activity, including information about applications, interviews and hiring outcomes involving U.S. workers. The DOJ can also request additional information during the three-year monitoring period.
The department began investigating OpenAI in August 2025 and Statsig separately the following month. OpenAI announced its acquisition of Statsig in September 2025, after the OpenAI investigation had already started.
Amplitude later announced in May 2026 that it would take over Statsig’s brand, customers and product development while working with the Statsig team at OpenAI during the transition.
Similar Cases Have Involved Apple and Facebook
The settlement follows previous DOJ enforcement actions involving major technology companies and PERM recruitment. Apple agreed in 2023 to pay up to $25 million over similar allegations, including claims that it did not advertise PERM jobs on its external careers site and required applicants to submit paper applications.
Facebook reached a separate settlement in 2021 after the DOJ alleged that it routinely discouraged U.S. workers from applying for more than 2,600 PERM-related positions. That agreement included a $4.75 million civil penalty and up to $9.5 million for eligible workers.
Featured image credits: Roboflow Universe
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