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Thursday, March 12, 2026

Navigating Ohio’s New E-Verify Mandate: A Guide for Construction Firms - JD Supra

The landscape of the Ohio construction industry has shifted significantly with the enactment of the E-Verify Workforce Integrity Act (House Bill 246). The law (Ohio Rev. Code Ann. §4151.01 et seq.) introduces mandatory employment verification for non-residential construction projects. Starting March 19, 2026, construction firms must align their internal processes and downstream contracts with these requirements to avoid severe financial and operational penalties. Our firm can help you audit your practices and update your agreements to insulate your business from the steep costs of noncompliance.

Strict Compliance and Record-Keeping

Covered employers must use the federal E-Verify system to confirm the legal working status of every employee hired for a covered project. Employers must complete a one-time enrollment at www.e-verify.gov. Employers can then create a new “case” for each potential employee, enter information from their I-9 and receive initial results in seconds. Once E-Verify displays a final eligibility result, employers can close the “case.” However, the act requires employers to maintain verification records for three years after the date of hire or one year after termination, whichever is longer.

A critical operational requirement involves “final non-confirmations.” If E-Verify cannot confirm an employee’s eligibility, the employer must immediately terminate that individual. Continued employment after a final non-confirmation violates the act and triggers...



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