Ohio E-Verify Workforce Integrity Act Affects Nonresidential Construction Employers

At a Glance

• Employers found to be noncompliant may face civil fines, debarment from future state contracts, and potential suspension or revocation of business licenses.
• The Ohio E-Verify Law does not replace Form I-9 requirements. Employers must continue to comply with all federal employment eligibility verification rules.

Ohio employers in the nonresidential construction industry should prepare for new employment verification obligations under the Ohio E-Verify Workforce Integrity Act (Ohio E-Verify Law), which goes into effect on March 19, 2026.

Who Is Affected?

• Contractors, subcontractors, and labor brokers, regardless of size, who hire employees to perform work on public and private nonresidential construction projects in Ohio.
• A nonresidential construction project is defined as “the construction or renovation of any building, highway, bridge, utility, or related infrastructure.” It does not include industrialized units, manufactured homes, residential buildings, mobile homes, or buildings or structures that are incidental to the use of land on which the building or structure is located for agricultural purposes.

What Is Required?

Employers subject to the new law must:

• Register as an E-Verify employer if not already registered.
• Create an E-Verify case for all new hires employed by the E-Verify employer. This provision does not apply if the employer (a) previously created an E-Verify case for the new hire and (b) for whom the employer does not need to verify or reverify in the future, leading to an implication that employers must also create a new E-Verify case for any current employee whose work authorization is subject to reverification under federal law. 
• Verify the employment authorization of all new hires, which is already required under federal law as part of the Form I-9 process.
• Promptly terminate individuals who are the subject of a Final Nonconfirmation.
• Maintain E-Verify records as required by law for the later of three years from the date of hire or one year from the date of termination.
• State contracting agencies must include provisions in their contracts requiring compliance with the Ohio E-Verify Law.

Enforcement and Penalties

The attorney general of Ohio is authorized to investigate suspected violations. Employers found to be noncompliant may face:

• $250 to $5000 in civil fines per violation
• Debarment from future state contracts
• Potential suspension or revocation of business licenses

The Ohio E-Verify Law does not replace Form I-9 requirements. Employers must continue to comply with all federal employment eligibility verification rules.