Certain Ohio construction companies may need to prepare for upcoming changes to state law that impose new requirements for verifying worker eligibility. The E-Verify Workforce Integrity Act will take effect on March 19, 2026, and will require nonresidential construction contractors, subcontractors, and labor brokers to run new hires through the federal E-Verify system.
Who is affected?
All contractors, subcontractors, and labor brokers, regardless of size, who hire employees to perform work on public or private non-residential construction projects in Ohio are covered by the Act. A non-residential construction project is defined as “the construction or renovation of any building, highway, bridge, utility, or related infrastructure.” It does not include residential buildings, manufactured/mobile homes, or buildings or structures constructed on agricultural land and used for agricultural purposes.
In other words, unless your company exclusively constructs or renovates houses, apartment buildings, or farming facilities, it is likely covered by the Act.
What is required?
Beginning on March 19, 2026, covered employers must:
- Register as an E-Verify employer if not already registered.
- In addition to collecting I-9 paperwork upon hire, covered employers must also create an E-Verify case for all new hires employed by the E-Verify employer.
- Promptly terminate any new hires who are subject to a “final non-confirmation” result from the E-Verify system.
- Maintain E-Verify records as required by law for the later of three years from the date of hire or one year from the date of termination.
- State contracting agencies must include provisions in their contracts requiring compliance with the Act.
What is not required?
Employers who have not previously utilized E-Verify are not required to run existing employees through the E-Verify system. Federal regulations state that employers are only permitted to run employees through the system once, within 3 days of hiring.
Potential ambiguity
While federal law prohibits employers from re-verifying employees after the initial verification upon hire, the Act appears to require employers to re-verify employees in certain circumstances when an employee’s employment authorization document (such as a work visa) is temporary and subject to expiration. Employers should monitor for additional guidance on re-verification and consult legal counsel if they encounter an employee with an employment authorization document that may be subject to re-verification.
Enforcement and Penalties
The attorney general of Ohio is authorized to investigate suspected violations. Employers found to be noncompliant may face:
- $250 to $5000 in civil fines per violation
- Debarment from future state contracts
- Potential suspension or revocation of business licenses
For tailored guidance, please contact the attorneys at Critchfield. We are happy to help you navigate these requirements and implement best practices.
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