E-Verify Workforce Integrity Act- What You Need to Know

This year, Gov. Mike DeWine has signed House Bill 246, the “E-Verify Workforce Integrity Act” into law, requiring all non-residential construction contractors in Ohio (including subcontractors and labor brokers) to use the federally mandated E-Verify program starting March 19, 2026.

Key requirements & changes:

• Employers must create an E-Verify case for every new hire
• The law may also require E-Verify use for certain current employees undergoing federal reverification
• Employers must keep verification records for three years after hire or one year after termination (whichever is later)
• Employees who receive a final non-confirmation must be terminated
• State contracts must include E-Verify compliance provisions

The law applies to most nonresidential construction projects (such as buildings, highways, bridges, and utilities) but excludes residential properties, manufactured homes, and agricultural structures.

What does this mean for my company?

With the mandate coming into effect this March, the Ohio Attorney General will investigate violations, which may arise in the form of formal or anonymous complaints from employees, contractors or outside associates.

That’s when the penalties come into play. These penalties can range anywhere from $250 for a first offense, all the way up to as much as $25,000 for employers caught providing continued employment to an individual after a final non-confirmation notice, with escalating consequences for repeat violations. This means, if you are found to be in continued violation of the Act, Employers may face debarment from state contracts or permanent license revocation for knowingly employing unauthorized workers. Employers have 10 days to request a hearing after receiving a formal Notice of Violation.

The good news is that the statute applies to non-residential construction projects within the state of Ohio only. If an Ohio nonresidential construction contractor performs work outside the state, then the statute should not apply.

Nonresidential construction employers should review their hiring and verification practices to ensure compliance before the law takes effect.

With all of these changes happening quickly, be sure to check on the verification of not just new employees, but tenured workers also.

Finding yourself stressed out about the changes? Not to worry, we are here to help! Reach out to HR Butler today and we can help cut through the red tape and ensure compliance, so you’re working smarter, not harder.