Employment Law Report
Ohio Nonresidential Contractors E-Verify Requirements
Written by Glen W. Krebs
Beginning on March 19, 2026, nonresidential construction employers are required to use E-Verify to confirm an employee’s work authorization in the United States. The law is enforced pursuant to the E-Verify Workforce Integrity Act signed into law by Ohio Governor Mike DeWine on December 19, 2025.
E-Verify is a system created by the federal government to compare information from an employee’s Form I-9 to records maintained by the Department of Homeland Security and the Social Security Administration. E-Verify uses these records to confirm the employee’s evidence and work authorization.
The Act requires E-Verify participation for “nonresidential construction” contractors, subcontractors, or labor brokers. Nonresidential construction is defined as “the construction or renovation of any building, highway, bridge, utility, or related infrastructure.” Crucially, it does not apply to residential construction employers.
Nonresidential construction employers who are not currently using E-Verify will need to enroll. They can then create a new case for each employee. E-Verify will typically verify the I-9 information immediately.
Employers who do not comply with the new statute can incur various fines. If an employer fails to enroll an employee in E-Verify they are subject to fines from $250 – $1,500. If an employer continues to employ an individual whom E-Verify has determined is not eligible to work in the United States, the employer could face fines up to $25,000 per violation.
This new law is part of a growing trend across various states to increase requirements on employers to use E-Verify. If you have any questions about the requirements or the new statute, please feel free to reach out to our experienced Immigration attorneys at Bricker Graydon Wyatt LLP.
