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DOJ Scrutinizes OpenAI's Employment-Based Green Card Sponsorship Practices

The Department of Justice is examining OpenAI's use of employment-based green card sponsorships, according to recent reports. The DOJ has alleged that OpenAI did not make meaningful attempts to hire qualified U.S. citizens before seeking permanent residence for employees holding work visas.

The investigation centers on whether the company complied with labor certification requirements, which typically mandate that employers demonstrate they attempted to recruit American workers for positions before petitioning for foreign national employees through green card sponsorship.

This oversight comes as part of broader scrutiny into how technology companies handle immigration-related hiring practices. For many tech firms, especially those competing for specialized AI talent, navigating the intersection of domestic workforce requirements and international recruitment remains a complex challenge.

The case highlights the ongoing tension between companies seeking to retain skilled workers from abroad and regulatory expectations around prioritizing U.S. workers for available positions.

Sources