Ohio is set to implement a significant new employment verification requirement for the construction industry. The E-Verify Workforce Integrity Act (House Bill 246) was signed into law on December 19, 2025, and takes effect March 19, 2026. This law mandates the use of E-Verify for certain construction employers and introduces new compliance and enforcement obligations.
Who Is Covered by the Law?
The law applies to all non-residential construction contractors, subcontractors, and labor brokers operating in Ohio.
The law applies to work on commercial buildings, infrastructure, highways, bridges, utilities, and similar projects. Importantly, residential construction, manufactured housing, and certain agricultural structures are excluded.
What Contractors Are Required to Do
1. Use E-Verify for New Hires
Covered employers must enroll in the federal E-Verify system and create a case for each newly hired employee assigned to covered construction work. This requirement is in addition to completing Form I-9.
2. Maintain Verification Records
E-Verify records must be retained for three years after the date of hire or one year after employment ends, whichever is later.
3. Respond to Non-confirmations
If E-Verify issues a final non-confirmation, employers are prohibited from continuing to employ that individual. Failure to act can result in penalties.
Enforcement and Penalties
The Ohio Attorney General is responsible for enforcing the law and may investigate complaints supported by credible evidence. Penalties escalate with repeated violations and may include:
- Civil fines up to $1500 for failure to use E-Verify or maintain records
- Increased fines up to $25,000 for continuing to employ a worker after a final non-confirmation
- Debarment from state and local public construction contracts
- In severe cases, revocation of business licenses for knowingly employing unauthorized workers after enforcement action
State and local government construction contracts must also include provisions requiring E-Verify compliance.
What Should Covered Employers Do Next
With the effective date approaching, non-residential contractors should:
- Enroll in CIC’s I-9 & E-Verify services
- Update hiring and onboarding procedures
- Train HR teams and site managers on E-Verify timelines and non-confirmation handling
- Review subcontractor and labor broker compliance
- Update contract language to reflect E-Verify obligations
Early preparation can help contractors avoid costly penalties, project disruptions, and loss of eligibility for public contracts.
For employers reviewing broader compliance requirements, CIC’s employment screening services support hiring and verification obligations across regulated and non-regulated environments.