Ohio E-Verify

The E-Verify Workforce Integrity Act (enacted as Ohio House Bill 246, also known as Substitute House Bill No. 246) was signed into law by Ohio Governor Mike DeWine on December 19, 2025. It takes effect on March 19, 2026 (with some sources noting March 20, 2026, likely due to the 90-day period after signing).

This law mandates the use of the federal E-Verify program to verify the employment eligibility of employees in specific sectors of the construction industry.

Key Provisions

Covered Employers: Applies to all nonresidential construction contractors, subcontractors, and labor brokers (regardless of company size) that hire employees to perform work on nonresidential construction projects in Ohio. This includes public works projects for state agencies/political subdivisions and private-sector projects. Nonresidential construction covers the construction or renovation of buildings, highways, bridges, utilities, or related infrastructure.

Exclusions: The mandate does not apply to residential construction, including residential buildings, manufactured homes, mobile homes, industrialized units, or certain agricultural structures.

Requirements:

• Employers must enroll in E-Verify (if not already enrolled) and create an E-Verify case for each new hire to confirm identity and work authorization.
• It supplements (but does not replace) federal Form I-9 requirements.
• Records of verifications must be retained for three years from the date of hire or one year after termination (whichever is longer).
• If E-Verify issues a final nonconfirmation of employment eligibility, the employer must terminate the employee.

Penalties for Non-Compliance: Violations can result in significant state-level fines (e.g., up to $1,500 for failing to create a case, and up to $25,000 or more for continuing to employ someone after a final nonconfirmation), potential debarment from state contracts, and other sanctions.

Purpose: The act aims to ensure a legal workforce in Ohio’s construction industry, prevent hiring of unauthorized workers, and address related hiring practices.

This is a targeted mandate focused on nonresidential construction rather than a broad statewide requirement for all employers. For the full text, refer to the Ohio Legislature’s page for HB 246.

Text of law