Some Ohio construction businesses may need to prepare now for upcoming changes to state law imposing new requirements related to verifying worker eligibility.

The E-Verify Workforce Integrity Act takes effect on March 19, 2026, requiring E-Verify participation for any nonresidential construction company along with subcontractors and labor brokers for nonresidential construction. The Act was signed into law by Ohio Governor Mike DeWine on December 19, 2025.

E-Verify is an Internet-based system that compares information entered by an employer from an employee’s Form I-9 to records available to the U.S. Department of Homeland Security and the Social Security Administration to confirm employment eligibility. Use of E-Verify does not replace Form I-9 employment verification requirements. Employers must continue to comply with all federal employment eligibility verification rules, including the completion and retention of Forms I-9.

The Act mandates E-Verify participation for companies of any size hiring employees to complete nonresidential construction projects, which it defines as “the construction or renovation of any building, highway, bridge, utility, or related infrastructure.” The law, though, does not apply to various types of residential construction projects including industrialized units, manufactured homes, and residential buildings.

Under the new law, these employers will be required to create an E-Verify case for all new hires, unless the employer previously ran the new hire through E-Verify and the new employee is not an individual in need of future verification or reverification. Those subject to the new requirements must also adhere to related record retention guidelines proscribed by the Act.

The law prompts legal questions surrounding the need for employers to sign up for E-Verify and/or create new E-Verify cases for existing employees whose work authorization is subject to reverification under federal law.

If an employee is found to be subject to final nonconfirmation from the E-Verify program, the Act requires a contractor to terminate the individual or risk penalties including monetary sanctions up to $1,500 for “failure to create a case” violations, and up to $25,000 for “continued employment” violations. Employers found in noncompliance may also be barred from bidding for and participating in state contracts for up to two years. If a contractor is found to have knowingly employed an individual who lacked work authorization, the law provides for permanent revocation of their business license.

Enforcement actions are pursued at the discretion of the Ohio Attorney General.