AIBRIEF
The Department of Justice says OpenAI ran radio ads in the middle of the night and required paper applications for jobs US workers were supposed to see first.
OpenAI will pay $3.2 million to settle a Department of Justice claim that it hid US job openings behind late-night radio spots and paper applications, steering work to temporary-visa holders instead of US workers.
The settlement includes $1.2 million in civil penalties to the United States and $2 million earmarked for a back-pay fund for affected workers. DOJ has not yet explained how it will identify or compensate them.
The case turns on the Permanent Labor Certification process, a federal mechanism requiring employers seeking permanent-visa workers to first advertise roles to US candidates through public channels. DOJ says OpenAI did not list the affected positions on its external jobs site, required paper applications while accepting electronic submissions for other roles, and advertised the positions "on the radio late at night."
The settlement requires OpenAI to post jobs on its public website, accept electronic applications, and train staff on the anti-discrimination provisions of the Immigration and Nationality Act. OpenAI is not required to admit liability.
The OpenAI deal follows a pattern. DOJ reached comparable settlements with Meta in 2021, after a 2020 lawsuit over its H-1B program, and with Apple in 2023.