Ohio's new E-Verify law takes effect on March 19, 2026, and it applies to every nonresidential construction contractor, subcontractor, and labor broker in the state. House Bill 246 — the E-Verify Workforce Integrity Act — requires covered employers to create an E-Verify case for every new hire working on nonresidential construction projects. Penalties for noncompliance range from $250 for a first offense to $25,000 for continuing to employ a worker after a Final Nonconfirmation, plus permanent license revocation for knowingly hiring unauthorized workers.
If you perform construction work on commercial buildings, highways, bridges, or utilities in Ohio, you need to be enrolled in E-Verify and running cases before March 19. This guide breaks down who must comply, what projects are covered, the full penalty structure, and exactly what steps you need to take to meet the deadline.
The E-Verify Workforce Integrity Act is Ohio House Bill 246, signed into law by Governor Mike DeWine on December 19, 2025. The law creates a new E-Verify requirement specifically for the nonresidential construction industry in Ohio. It takes effect on March 19, 2026.
Unlike states that require all employers to use E-Verify, Ohio's law is narrowly targeted. It applies only to employers performing work on nonresidential construction projects. Residential construction, agricultural structures, and manufactured housing are exempt.
The law establishes a tiered penalty system enforced by the Ohio Attorney General, with fines escalating for repeat violations and the most severe consequences — permanent license revocation — reserved for employers who knowingly hire unauthorized workers. The full bill text is available on the Ohio Legislature website. For analysis of the law's practical implications, see coverage from Alston & Bird and Littler Mendelson.
The Ohio E-Verify Workforce Integrity Act covers three categories of employers:
The requirement applies regardless of company size. A five-person subcontractor pouring concrete on a commercial building is subject to the same E-Verify obligation as a national general contractor managing a $50 million highway project.
What counts as a covered employer in practice: If your company holds a construction trade license in Ohio and performs any work on nonresidential projects — electrical, plumbing, HVAC, framing, concrete, roofing, steel erection, road work, bridge construction, utility installation — you are covered. The law does not distinguish between union and non-union contractors, and it does not exempt contractors based on project value or contract size.
The law draws a clear line between nonresidential and residential construction. Understanding this distinction is critical, because the E-Verify requirement applies only to employees working on covered project types.
Covered projects include the construction, renovation, or installation work on:
Exempt projects — the E-Verify requirement does not apply to work on:
If your company works on both residential and nonresidential projects, the E-Verify obligation applies to new hires assigned to the nonresidential work. Employers with mixed project portfolios should establish a clear process for identifying which hires require E-Verify cases based on their project assignments.
Our compliance team can help you determine whether your projects fall under the new law and walk you through the enrollment process. Schedule a free compliance call — no obligation, no sales pitch. Just answers.
If your company is covered by the Ohio E-Verify Workforce Integrity Act, here is exactly what you need to do before March 19, 2026:
If your company is not already enrolled in E-Verify, you need to register at E-Verify.gov. Enrollment is free and typically takes one to two business days for approval. You will need your company's legal name, EIN, and a designated point of contact. Every company that hires employees must enroll separately — a general contractor's enrollment does not cover its subcontractors.
Starting March 19, 2026, you must create an E-Verify case for every new employee who will work on a nonresidential construction project in Ohio. Under federal E-Verify rules, cases must be created no later than three business days after the employee's start date — the same deadline as completing Section 2 of Form I-9.
The E-Verify case uses information from the employee's completed Form I-9. You cannot run an E-Verify case without a completed I-9, and you cannot run a case before the employee has started work.
You do not need to retroactively run E-Verify cases for employees who were already on your payroll before March 19, 2026 — as long as the employee was previously verified through E-Verify and no federal reverification is required. If an existing employee was never run through E-Verify, or if their work authorization has expired and requires reverification, you may need to address those cases under the new law.
The Ohio law requires employers to retain E-Verify records for 3 years from the date of hire or 1 year after the date of termination, whichever is longer. This aligns with federal Form I-9 retention requirements. Keep your E-Verify confirmation pages, case results, and any Tentative Nonconfirmation (TNC) documentation for every covered employee.
Anyone involved in hiring for nonresidential projects needs to understand the new requirement. This includes project managers, HR staff, and office administrators who handle onboarding. Common mistakes to avoid:
The Ohio E-Verify Workforce Integrity Act establishes a tiered penalty structure that escalates with repeat violations. These are state-level penalties — separate from any federal I-9 or E-Verify penalties that may apply independently.
| Violation | 1st Offense | 2nd Offense (within 3 years) | Subsequent Offenses |
|---|---|---|---|
| Failure to create an E-Verify case | $250 | $1,000 | $1,500 |
| Continuing employment after Final Nonconfirmation | $5,000 | $10,000 | $25,000 |
| Knowingly hiring unauthorized workers | Permanent revocation of construction trade license | ||
Additional consequence: Employers found in violation may be declared ineligible to bid on Ohio state contracts for up to 2 years. For construction companies that rely on public works projects, this can be more damaging than the fines themselves.
These Ohio penalties are in addition to any federal penalties for I-9 violations or E-Verify misuse. For the full federal penalty schedule, see our guide to I-9 penalties in 2026.
The Ohio Attorney General is responsible for investigating and enforcing the E-Verify Workforce Integrity Act. Here is how the process works:
The 10-day window is critical. Missing this deadline means you lose your right to contest the violation. If you receive a notice from the Ohio Attorney General regarding E-Verify compliance, contact legal counsel immediately.
One of the most important aspects of the Ohio E-Verify Workforce Integrity Act is that liability extends down the entire contracting chain. Subcontractors and labor brokers are independently responsible for their own E-Verify compliance — a general contractor's enrollment does not cover them.
This means:
For general contractors managing large projects with multiple subcontractors, the practical implication is clear: your compliance is only as strong as your weakest subcontractor. Consider adding E-Verify enrollment verification to your subcontractor prequalification requirements.
"Ohio is the latest, but it won't be the last. We're watching state after state add E-Verify requirements, and construction always gets hit first," says Jed Butler, CEO of i9 Intelligence. "The contractors who figure this out now — who just make E-Verify part of how they onboard, period — are going to be in a much better position than the ones scrambling to comply every time a new state law drops."
Ohio joins a growing list of states that mandate E-Verify for some or all employers. Several states — including Alabama, Arizona, Georgia, Mississippi, North Carolina, South Carolina, and Tennessee — already require E-Verify for certain employer categories, with requirements varying by company size, industry, and whether the employer holds state contracts.
Florida's E-Verify law, which took effect in 2023, applies to all private employers with 25 or more employees. Several other states are considering similar legislation.
For a complete breakdown of E-Verify requirements by state, see our guide: What States Require E-Verify?
Complying with Ohio's new E-Verify mandate requires more than just creating an E-Verify account. Construction companies — especially those with workers spread across multiple job sites — need a system that keeps I-9 and E-Verify processes connected, on time, and audit-ready.
E-Verify integration. i9 Intelligence connects directly to E-Verify, so cases are created automatically from completed Form I-9 data. No duplicate data entry, no missed deadlines, no toggling between systems.
Remote Section 2 verification. Construction workers rarely start at a central office. With remote verification, new hires complete Section 2 of Form I-9 over a live video call with a trained i9 Intelligence authorized representative — from the job site, a hotel, or anywhere with a phone. No travel, no notary, no delay.
Compliance tracking and record retention. Every I-9 and E-Verify case is stored electronically with automatic retention scheduling. When the Ohio law requires records kept for 3 years from hire or 1 year after termination, the system handles it — no filing cabinets, no manual tracking.
Audit-ready records. If the Ohio Attorney General's office investigates a complaint, you need to produce E-Verify records quickly. i9 Intelligence keeps every case result, TNC notice, and confirmation page organized and accessible.
To see how it works for construction companies, book a demo or use our I-9 Risk Calculator to estimate your current compliance exposure.
No. The E-Verify Workforce Integrity Act applies only to nonresidential construction projects — commercial buildings, highways, bridges, utilities, and related infrastructure. Residential buildings, agricultural structures, mobile homes, industrialized units, and manufactured homes are specifically exempt from the law.
A Tentative Nonconfirmation (TNC) means E-Verify could not immediately confirm the employee's work authorization. Under federal E-Verify rules, you must notify the employee and give them the opportunity to contest the TNC. You cannot terminate, suspend, or take any adverse action against the employee while the TNC is being resolved. If the case results in a Final Nonconfirmation, the Ohio law requires you to terminate employment — continuing to employ a worker after a Final Nonconfirmation carries penalties of $5,000 to $25,000.
Not if the employee was previously verified through E-Verify and no federal reverification is required. The law targets new hires on covered projects starting March 19, 2026. However, if an existing employee was never run through E-Verify, or if their employment authorization has expired and requires reverification, you should consult with legal counsel about whether the new law creates an obligation for those cases.
Yes. The Ohio E-Verify Workforce Integrity Act holds subcontractors and labor brokers independently responsible for their own E-Verify compliance. A subcontractor faces the same penalty schedule as a general contractor — including fines up to $25,000 for continuing employment after a Final Nonconfirmation, permanent license revocation for knowingly hiring unauthorized workers, and ineligibility for state contracts for up to 2 years.
The law takes effect on March 19, 2026. Governor DeWine signed House Bill 246 on December 19, 2025. Any new hire whose start date is on or after March 19, 2026, and who will work on a covered nonresidential construction project, must have an E-Verify case created within three business days of their start date.
Need help with E-Verify compliance? Call (713) 668-6200 (Mon–Fri, 8 AM – 5 PM CT), email support@i-9intelligence.com, or submit a support ticket.
This article is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult with an employment law attorney. For the full text of the Ohio E-Verify Workforce Integrity Act, refer to Alston & Bird's analysis or Littler Mendelson's summary.
