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OpenAI has been ordered to pay back US workers after the company posted H-1B visa job listings that were allegedly designed to recruit foreign workers rather than genuinely seek American candidates. The settlement highlights how some employers misuse the H-1B visa program to bypass hiring US workers.
The H-1B visa requires employers to first attempt to recruit US workers at the prevailing wage before sponsoring foreign workers. When companies post jobs with unrealistic requirements or deliberately unattractive terms, they may be circumventing this requirement. This enforcement action signals that regulators are watching how employers use the visa program.
Employers must genuinely recruit US workers before sponsoring H-1B visa holders.
What you need to know: If you're on an H-1B visa or considering sponsorship, understand that your employer must genuinely need your skills and be unable to find qualified US workers. If you're an employer sponsoring H-1B workers, ensure your job postings are legitimate and your recruitment efforts are genuine—the Department of Labor is actively investigating violations. H-1B visa holders should also be aware that if their employer's sponsorship was obtained through fraudulent recruitment practices, their visa status could be at risk.
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