Ohio’s E-Verify Workforce Integrity Act took effect March 20, 2026, creating a statewide E-Verify requirement for covered nonresidential construction contractors, subcontractors, and labor brokers. The law is not limited to public-improvement projects. Covered employers must verify qualifying new hires, retain records, and stop employing a worker after a final nonconfirmation. Federal Form I-9 and E-Verify procedures still govern the verification process. The sections below explain coverage, deadlines, recordkeeping, penalties, and when legal review may be appropriate.
Ohio Revised Code Chapter 4151 applies to covered nonresidential construction involving buildings, highways, bridges, utilities, and related infrastructure. It excludes specified residential, agricultural, manufactured-home, and mobile-home projects. Because coverage depends on the project and the employer’s role, contractors with mixed operations should identify which hiring workflows fall within the law. State-agency construction contracts must also require compliance. When project classification, labor arrangements, or contract language is unclear, counsel can help determine how the statute applies.
Ohio law applies to nonresidential construction contractors, subcontractors at any tier, and qualifying labor brokers. It generally requires the worker’s employer to verify covered new employees through E-Verify. A labor broker generally hires employees and supplies their labor by contract to a covered contractor or subcontractor; governmental entities and labor organizations are excluded from that definition.
A contractor is covered when it has responsibility for the means, method, and manner of construction, improvement, renovation, repair, or maintenance involving one or more trades on a nonresidential construction project. Subcontractors are covered regardless of tier. Coverage turns on the project and employer relationship, not simply whether the owner is public or private.
For businesses performing both residential and nonresidential work, a project-level review can prevent inconsistent onboarding practices. Counsel should be consulted when the project classification or employer relationship is uncertain, particularly where workers move among affiliated entities or jobsites.
A covered employer must enroll in the federal E-Verify program. E-Verify builds on Form I-9: employers complete the I-9 first, then create a case using information from that form. Employers should designate trained users who understand timing, privacy, and nondiscrimination rules.
Centralized controls can be useful for contractors hiring across multiple projects or locations. The goal is not simply to maintain an E-Verify account, but to make sure covered hires are identified, cases are submitted consistently, results are handled correctly, and records can be produced if the Ohio Attorney General investigates a complaint.
Ohio law requires covered employers to use E-Verify, while federal rules govern case timing and procedure. In general, a case must be created after Form I-9 is completed and no later than the third business day after the employee begins work for pay. A tentative nonconfirmation triggers required notice and response procedures, and the employer may not take adverse action while it remains pending.
Ohio enforcement can include monetary penalties and state-contract disqualification, with greater exposure for repeated or willful violations. The statute treats isolated technical errors or E-Verify system malfunctions differently. Employers receiving an Attorney General notice should have counsel review it promptly because the hearing-request deadline is short.
Ohio’s E-Verify Workforce Integrity Act became effective March 20, 2026. From that date forward, covered nonresidential construction contractors, subcontractors, and labor brokers became subject to the new state requirements. The law also requires state agencies to include compliance provisions in contracts for construction or renovation of nonresidential projects.
Contractors operating across different project types should coordinate HR, project management, and contract administration so the project’s legal classification is reflected in onboarding. Legal review can be useful when the business enters new project categories, uses labor brokers, or changes its subcontracting structure.
Form I-9 remains a separate federal requirement for employers. It must be completed for each new employee hired for employment in the United States, regardless of citizenship. Employers should apply the same document-review process consistently and avoid requesting particular documents based on citizenship, immigration status, or national origin.
The employee must complete and sign Section 1 no later than the first day of employment, although it may be completed after acceptance of a job offer and before that date. The employer or authorized representative generally must complete Section 2 within three business days after work begins. If employment will last fewer than three business days, Section 2 is due on the first day.
Internal reviews can identify missing fields, late completion, or correction issues before an inspection. Corrections should follow current Form I-9 procedures; forms should not be backdated or altered in a way that obscures the original entry.
For Form I-9, the employer reviews documents chosen by the employee from the Lists of Acceptable Documents and determines whether they reasonably appear genuine and relate to the person presenting them. Employers may not demand a specific document. Physical inspection remains the general rule, although a DHS-authorized alternative procedure may be available to qualifying E-Verify employers that meet federal requirements.
E-Verify adds document-handling rules to Form I-9. For example, a List B identity document generally must contain a photograph, and certain documents presented for Form I-9 must be copied and retained. Supervisors should not be expected to make forensic judgments. Unusual situations should be escalated to trained HR or compliance personnel, with legal guidance when needed.
Form I-9 generally must be retained for three years after hire or one year after employment ends, whichever is later. Ohio uses the same formula for the required E-Verify record. Contractors with high turnover or multiple jobsites benefit from a system that tracks hire and termination dates and permits secure retrieval.
Consistent retention practices are particularly important for contractors that move employees among jobsites or use multiple HR and payroll systems.
For a covered new hire, the E-Verify case is created from the completed Form I-9 and generally must be submitted no later than the third business day after work for pay begins. The information should match the I-9. E-Verify also requires an SSN for the case; federal guidance addresses delayed case creation when a newly hired employee has applied for but not yet received one.
The employer should preserve the case result and any required notices, limit access to sensitive information, and make sure payroll or HR integrations do not introduce discrepancies. Staff handling tentative nonconfirmations should be trained on the required notices, referral procedures, and prohibition against adverse action while a case remains unresolved.
The most effective compliance process is one that fits normal hiring rather than becoming a separate jobsite task. Covered employers can coordinate the Form I-9 deadline, E-Verify case deadline, and project assignment so that HR knows which hires require E-Verify and who is responsible for follow-up. Backup coverage is particularly important during seasonal or high-volume hiring.
A documented workflow also helps distinguish a true compliance failure from an isolated technical error or system problem if questions later arise.
Ohio’s statute directly applies to covered subcontractors regardless of tier; compliance is not solely a prime-contract flow-down issue. Prime contractors should nevertheless review subcontract language to determine how the parties allocate representations, record requests, and responsibility for E-Verify compliance. State-agency contracts must contain provisions requiring compliance with the Ohio law.
Contractual certifications, audit rights, or notice obligations may be useful on some projects, but they should match the actual statute and the parties’ roles. An attorney can review subcontract language where a contractor wants documentation from lower tiers without assuming responsibilities that the law does not impose on the prime.
Ohio’s enforcement process can carry significant consequences. An initial failure to meet the verification requirement generally carries a $250 fine per violation. Retaining an employee after a final nonconfirmation can trigger a $5,000 fine per violation, with higher penalties for repeat violations. Two or more willful violations may also result in disqualification from future state contracts for up to two years.
If an enforceable order is not satisfied, the Attorney General may bring a civil action. A court can impose an additional $1,000 per violation and state-contract disqualification. The statute also provides for permanent revocation of certain business licenses if a court finds that a covered employer knowingly employed an unauthorized alien. Early legal review is particularly important once an enforcement notice or final nonconfirmation issue arises.
A practical compliance review should begin with the employer’s project mix and workforce structure. Identify nonresidential construction projects, determine which entity employs each worker, confirm E-Verify enrollment, and make sure the onboarding process distinguishes Form I-9 duties from the additional E-Verify case requirement.
The written process should address case deadlines, tentative nonconfirmations, final nonconfirmations, record retention, privacy, and escalation. Contractors that use subcontractors or labor brokers should also review agreements to make sure compliance responsibilities are stated accurately.
Periodic training and sample-file reviews can help identify process gaps. Legal review is most useful where coverage, worker classification, mixed residential/nonresidential operations, final nonconfirmation, or an Attorney General complaint creates a question that routine HR procedures cannot resolve.
Ohio’s law is described as requiring verification of new employees, and ordinary E-Verify employers generally may not run employees whose first day predates the employer’s E-Verify participation. Federal contractors subject to the FAR E-Verify clause have special rules for certain existing employees. Employers should not institute retroactive screening without confirming that a specific federal rule authorizes it.
Ohio Chapter 4151 defines an employee by direction and control over the work and payment for services. A properly classified independent contractor is not an employee merely because the person works on a project. However, an entity that qualifies as a subcontractor may itself be subject to the law for its employees. Borderline classification issues merit legal review because the contract label alone is not controlling.
A tentative nonconfirmation is not a final determination that the employee is unauthorized to work. The employer must follow E-Verify procedures, provide the required notice, and allow the employee to take action. Adverse action may not be based solely on the pending result. Ohio law requires termination only after a final nonconfirmation as defined by the statute.
Union status does not exempt an employee of a covered contractor or subcontractor from otherwise applicable E-Verify requirements. Ohio does, however, exclude a labor organization from the statutory definition of a “labor broker.” Contractors using hiring halls or referral arrangements should coordinate onboarding with the union while ensuring that the actual employer completes its own legal obligations.
Ohio’s law should be analyzed in relation to the covered employer and nonresidential construction work at issue. Employers hiring for work in other states also need to consider those states’ rules and the scope of their E-Verify enrollment. A DHS-authorized remote Form I-9 procedure may be used only when the employer qualifies for it.
Ohio’s 2026 E-Verify law materially changed compliance for nonresidential construction employers. Covered contractors, subcontractors, and labor brokers need a hiring process that coordinates Form I-9, E-Verify, record retention, and case follow-up. The first issue is whether the business and project fall within Chapter 4151; routine procedures can handle most hires, while counsel can address classification questions, final nonconfirmations, contract issues, and enforcement notices.
