Ohio's New E-Verify Law: What Construction Employers Need to Know

Effective March 19, 2026, Ohio's new E-Verify Workforce Integrity Act requires many employers in the nonresidential construction industry to verify the employment eligibility of workers through the federal E-Verify system.

If you're a general contractor, subcontractor, or labor broker working on commercial construction projects, now is the time to review your hiring and compliance processes.

Who Does the Law Apply To?

The law generally applies to employers involved in nonresidential construction projects, including:

• Commercial buildings
• Industrial facilities
• Highways and bridges
• Utilities and infrastructure projects

The requirements typically do not apply to purely residential construction, manufactured homes, mobile homes, or certain agricultural structures.

Compliance Goes Beyond Simply Enrolling in E-Verify

Many employers assume compliance starts and ends with signing up for E-Verify. In reality, there are several steps contractors should take to reduce risk and prepare for potential audits or investigations.

Some key requirements include:

Continue Completing Form I-9s

The new Ohio law does not replace the federal Form I-9 process. Employers must still complete Form I-9 for every new hire and use that information when creating E-Verify cases.

Verify Covered New Hires

Employers working on covered nonresidential construction projects must create E-Verify cases for applicable new hires and maintain records of those verifications.

Maintain Proper Documentation

Employers should retain:

• Form I-9 records
• E-Verify confirmation numbers
• Case results
• Documentation related to nonconfirmations
• Internal compliance records

Proper record retention is critical if questions arise regarding workforce eligibility verification.

Review Your Process for Nonconfirmations

Employers should establish clear procedures for handling Tentative Nonconfirmations (TNCs) and Final Nonconfirmations (FNCs) to ensure compliance with both state and federal requirements.

Don't Overlook Your Subcontractors

For many general contractors, this may be the most important part of the law.

Contractors should confirm that subcontractors and labor brokers:

• Are enrolled in E-Verify
• Maintain required records
• Comply with Ohio's requirements
• Provide compliance certifications when requested

Many legal advisors are recommending updates to subcontractor agreements to address these obligations.

Conduct Periodic Compliance Audits

Regular reviews of I-9 completion, E-Verify processes, record retention, and subcontractor documentation can help identify issues before they become enforcement concerns.

Download Our Ohio E-Verify Compliance Guide

To help construction employers prepare, Ahola has created a simple step-by-step guide outlining the actions general contractors should take to comply with Ohio's new E-Verify law.

Download the Ohio E-Verify Compliance Guide for a practical checklist covering enrollment, documentation, subcontractor requirements, record retention, and audit preparation.

Looking for a Broader E-Verify Overview?

If you're new to E-Verify or want to better understand how the system works, be sure to read our related article, E-Verify: Balancing Compliance, Efficiency, and the Employee Experience.

At Ahola, we're committed to helping employers navigate changing workforce regulations with confidence and practical guidance.