Beginning March 19, 2026, Ohio’s new E‑Verify Workforce Integrity Act introduces major compliance requirements for employers engaged in non‑residential construction. The law expands verification obligations, increases penalties for violations, and tightens expectations for subcontractor oversight. Below is a breakdown of what the act requires and the steps employers should take now to prepare.
Who Is Affected?
The new law applies to employers (including contractors, subcontractors, and labor brokers) engaged innon-residential construction, including:
- Commercial building projects
- Road, highway, and bridge construction
- Utility and related infrastructure work
The mandate does not apply to residential construction, manufactured homes, mobile homes, or agricultural‑use structures.
What the E-Verify Workforce Integrity Act Requires
- Use E‑Verify for All New Hires.
- The new law does not replace federal Form I‑9 obligations. Employers must complete and retain I‑9s as required under federal regulations.
- Employers must keep all E‑Verify documentation for three years from the date of hire or one year after termination, whichever is later.
- Any employee who receives a Final Nonconfirmation in E‑Verify must be terminated.
Violations may result in
- Fines starting at $250, increasing to $10,000 for repeated violations.
- Up to $1,500 for failing to create an E‑Verify case.
- Up to $25,000 for continuing to employ someone after a Final Nonconfirmation.
- Disqualification from state contracts for up to two years for multiple willful violations.
- Enforcement actions initiated by the Ohio Attorney General, including anonymous complaints.
Recommended Employer Action
- Enroll in E‑Verify (if not already enrolled) and train responsible staff.
- Update onboarding workflows to ensure E‑Verify cases are opened promptly.
- Review contracts with subcontractors to confirm they meet E‑Verify obligations.
- Document your internal procedures for addressing Tentative and Final Nonconfirmation.
- Use Compliance Library to centralize policies, workflows, and subcontractor certifications.
Staying ahead of these new E‑Verify Workforce Integrity Act requirements will help employers reduce risk and maintain compliance as enforcement ramps up. Schedule a meeting if you would like to learn more ways to prepare.
