Ohio’s New E-Verify Law Raises Compliance Stakes

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Ohio has enacted a new E-Verify requirement aimed at the nonresidential construction industry. House Bill 246, known as the E-Verify Workforce Integrity Act, was signed on December 19, 2025, and took effect on March 20, 2026. The law does not apply to all Ohio employers. Instead, it covers nonresidential construction contractors, subcontractors at any tier, and labor brokers that hire employees for covered nonresidential construction projects. The definition of covered work is broad and includes buildings, highways, bridges, utilities, and similar infrastructure, while excluding residential construction. For covered employers, the main requirement is that each new employee hired for covered work must be run through E-Verify unless a limited exception applies. Employers must also retain verification records for three years from hire or one year after termination, whichever is later. If an employee receives a final nonconfirmation, the employer must terminate employment. The law includes real enforcement teeth. Violations can lead to monetary penalties, disqualification from public contracting, and in some cases license consequences for knowingly employing unauthorized workers. Public contracts for covered state projects must also include compliance language. 👉Takeaway:Contractors, subcontractors, and labor providers performing nonresidential construction work in Ohio should review hiring procedures, confirm E-Verify compliance, update record-retention practices, and make sure subcontract documents push these obligations down the chain.
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