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Thursday, March 12, 2026

Ohio’s E-Verify Law for Nonresidential Construction Contractors Takes Effect Soon - Littler Mendelson P.C.

Starting March 19, 2026, Ohio’s E-Verify Workforce Integrity Act will require any “nonresidential” construction company contracting in the state of Ohio to use E-Verify, and impose penalties for violations.

The main provision of the Act requires any “nonresidential construction contractor, subcontractor, or labor broker to verify the employment eligibility of each employee hired to perform work on a nonresidential construction project through the E-Verify program.” A nonresidential construction project is defined as “the construction or renovation of any building, highway, bridge, utility, or related infrastructure.” This includes installation work on an industrial building as it would likely be viewed as an “improvement” or “renovation” on a nonresidential project. It does not include industrialized units, manufactured homes, residential buildings, mobile homes, or buildings or structures that are incidental to the use of land on which the building or structure is located for agricultural purposes.

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

The Ohio E-Verify law enforcement process starts with an investigation by the attorney general. The investigation can be initiated by formal complaint on a form prescribed by the attorney general. The attorney general must “investigate any violation alleged in the...



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