Alfozan had been employed as an engineer by OpenAI since July 2025. The complaint said he was educated in the US and has been a legal permanent resident since 2020.
He was arrested by the FBI on 9 October and his contract with OpenAI has been terminated.
Alfozan’s lawyer William Pernik told the BBC: “Like countless Americans, Mr Alfozan came to this country years ago as a young person with a dream.
“These allegations appear wholly out of character for him, and we will relentlessly investigate all evidence produced by the government in this case to understand what actually happened, who was responsible and any possible reasons why.”
Pernik added: “In the meantime, we respectfully ask everyone to withhold judgment until full facts become known. Like every one of us, Mr Alfozan is presumed innocent, and what has been made public is an accusation, not a finding of guilt.”
On Tuesday, Alfozan made his initial appearance in a federal court in California. A detention hearing is scheduled on 19 October to determine whether he should remain in custody while proceedings continue.
The FBI investigation is ongoing.
If convicted, Alfozan faces a maximum penalty of five years in prison and a $250,000 (£190,000) fine.