Ohio requires E-Verify for commercial construction employers beginning March 20, 2026

Ohio employers in the commercial construction industry should prepare now for a new state-law E-Verify mandate that takes effect on March 20, 2026. Under Ohio’s E-Verify Workforce Integrity Act, covered employers must use E-Verify to confirm the work authorization of newly hired employees (field workers or otherwise) and must retain verification records for specified periods.

The new law applies to nonresidential construction contractors, subcontractors, and labor brokers that hire employees to perform work on a nonresidential construction project. Ohio defines that term broadly to include many commercial and infrastructure projects, while excluding certain residential and agricultural work.

What the new Ohio law requires

Beginning March 20, 2026, covered employers must use E-Verify to confirm the identity and legal working status of each employee hired to perform work on a covered nonresidential construction project. The law also requires employers to keep a record of each E-Verify verification for three years after the date of hire or one year after the employee’s employment ends, whichever is later.

The statute includes a limited exception where the employer has already verified the employee through E-Verify and federal law does not otherwise require verification or reverification.

Ohio law also prohibits a covered employer from continuing to employ an individual after receiving a final non-confirmation through E-Verify. That means employers should have clear internal procedures for monitoring case results, handling tentative non-confirmations properly, and closing cases in a timely manner.

E-Verify still does not replace Form I-9

Although the new Ohio law makes E-Verify mandatory for covered employers, E-Verify remains a supplement to, and not a substitute for, the federal Form I-9 process. Employers must still complete Form I-9 for all new hires and must comply with the timing and document-review rules that apply to both systems. USCIS guidance states that E-Verify cases generally must be created no later than the third business day after the employee starts work for pay.

Employers using E-Verify must also remember several program-specific requirements. For example, any List B identity document presented for Form I-9 purposes must contain a photograph, and certain photo-matching documents must be copied as part of the E-Verify process. Employers may not use E-Verify for pre-employment screening, and they may not take adverse action against an employee based solely on a tentative non-confirmation while the employee is still resolving the issue.

Potential consequences for noncompliance

The Ohio Attorney General may investigate complaints and enforce the statute. The law authorizes monetary penalties for violations, with larger fines for repeat offenses and significantly higher penalties for continuing to employ an individual after a final non-confirmation. The statute also permits disqualification from future state contracts in certain circumstances and, in more serious cases, additional court-ordered consequences.

Practical steps employers should take now

Covered employers should review onboarding and hiring procedures before the law takes effect. In particular, employers should confirm that the individuals responsible for hiring and project staffing understand when E-Verify must be used, how to retain verification records, how to respond to mismatches, and when employment decisions may and may not be made.

Contractors, subcontractors, and labor brokers should also review agreements with staffing partners and subcontractors to ensure responsibility for compliance is clearly understood. Employers that already participate in E-Verify because of federal contracting requirements should confirm that their existing practices align with Ohio’s new state-law mandate.

Although Ohio’s E-Verify law covers employees hired to perform work on a covered nonresidential construction project, which includes the trades, project-based supervisors, foremen, or similar personnel, employers may wish to adopt a broader practice of running E-Verify for all new hires. As a practical matter, that approach may be the easiest way to avoid close coverage questions, ensure consistent onboarding, and reduce the risk of inadvertently failing to verify an employee whose role touches a covered project.

Key takeaways

Ohio’s new law creates a mandatory E-Verify obligation for covered non-residential construction employers beginning March 20, 2026. Employers subject to the law should not assume that existing I-9 practices alone are sufficient. Instead, they should adopt E-Verify for new hires, update hiring workflows, train personnel, implement appropriate record-retention procedures, and prepare now to comply with the statute’s verification and case-management requirements.