Starting March 19, 2026, Ohio’s construction landscape undergoes a significant shift with the implementation of the E-Verify Workforce Integrity Act. For nonresidential builders, what was once a voluntary federal tool is now a mandatory state requirement.
Here is a breakdown of what you need to know to stay compliant and protect your business.
The Core Mandate
The new law requires all nonresidential construction contractors, subcontractors, and labor brokers to use the federal E-Verify system. This system cross-references information from a worker’s Form I-9 against Department of Homeland Security (DHS) and Social Security Administration (SSA) records to confirm they are authorized to work in the U.S.
Who is covered?
- Commercial Builders: Projects involving office buildings, retail, and industrial sites.
- Infrastructure Contractors: Work on highways, bridges, utilities, and public infrastructure.
- Public Works: All contractors on state agency or political subdivision projects.
- Exclusions: The law does not apply to residential-only builders (single-family homes, apartment complexes) or agricultural structures.
Key Deadlines and Compliance Steps
Compliance isn’t just about a one-time check; it’s about integrating E-Verify into your permanent onboarding workflow.
- Registration: If not already enrolled, you must register your business at e-verify.gov.
- Verification Timeline: You must create an E-Verify case for every new hire within three business days of their start date.
- Recordkeeping: You are required to retain E-Verify records for three years after the hire date or one year after termination—whichever is longer.
- Final Nonconfirmations: If the system issues a “Final Nonconfirmation,” you must terminate the employee immediately. Continued employment is a direct violation of the Act.
The Cost of Getting It Wrong
Ohio’s enforcement, overseen by the Attorney General, includes steep penalties designed to ensure the law is taken seriously:
| Violation Type | Potential Penalty |
| Failure to Create a Case | Fines from $250 to $1,500 per instance. |
| Ignoring a Final Nonconfirmation | Fines up to $25,000 for repeat offenses. |
| Willful Violations | Debarment from state contracts for up to two years. |
| Knowingly Hiring Unauthorized Workers | Permanent revocation of business licenses. |