Ohio Requires E-Verify for Commercial Construction Employers

Effective March 19th, 2026

Ohio has enacted House Bill 246, requiring certain employers working on commercial construction projects to use the federal E-Verify system to confirm the work authorization of every new hire. The law applies to non-residential construction contractors, subcontractors and labor brokers operating in Ohio and introduces new compliance and recordkeeping obligations.

E-Verify is the federal online system administered by the Department of Homeland Security and the Social Security Administration that allows employers to confirm a new employee’s eligibility to work in the United States.

Key Requirements Under House Bill 246
• Covered employers must open an E-Verify case for every new hire.
• Employers must retain verification records for three (3) years after hire or one (1) year after termination, whichever is longer.
• Employers must terminate employees who receive a Final Non-confirmation from the E-Verify system.

State agencies will also require E-Verify compliance for relevant public contracts.

Penalties for Non-compliance
Employers who fail to create E-Verify cases or who continue employing workers after a Final Non-confirmation may face escalating fines, ranging from $250 to $25,000 per violation. Employers who knowingly hire unauthorized workers could face permanent license revocation and potential loss of eligibility for state contracts.

Next Steps for Employers
Covered employers should review hiring policies, confirm E-Verify processes are in place and train supervisors and HR teams on the new requirements before the effective date.