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Starting March 19, 2026, certain employers in Ohio will be required to participate in the E-Verify program, run by the U.S. Department of Homeland Security and the Social Security Administration. This includes any nonresidential construction company contracting within the State of Ohio, with limited exceptions. Up until this point, participation in E-Verify was optional for most of these types of businesses.
Basis:
This requirement – The E-Verify Workforce Integrity Act ("Ohio E-Verify Law")– was signed into law by Ohio Gov. DeWine on December 19, 2025. The purpose is to identify whether employees are authorized to work in the United States by running their personal information through the E-Verify database.
What is Now Required:
Employers subject to the new law must now create an E-Verify case for all new hires. It seems that affected employers must also create a new E-Verify case for any current employee whose work authorization is subject to reverification. State contracting agencies must include provisions in their contracts requiring compliance with the Ohio E-Verify Law.
As already required under federal law for I-9 records, affected employers must now retain E-Verify records for the latter of: three years from the date of hire or one year from the date of termination. Employers must promptly terminate individuals who are the subject of a final "nonconfirmation" in the E-Verify system.
Which Types of Businesses Are Affected:
Construction contractors who hire employees to perform work on a local or state public project in Ohio or any nonresidential construction project in Ohio will be required to participate in E-Verify as outlined above. This includes all contractors, subcontractors, and labor brokers working on state agency or political construction projects, as well as employers in the private sector (contractors, subcontractors, and staffing agencies) working on nonresidential construction projects. There is no exception for small businesses or sole proprietors.
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.
Implications:
Violations of this requirement may result in significant fines and debarment from state contracts in the future.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
