Short answer. Only for employers in the industry the rule names. A penalty is stated.
At a glance
- Private employers
- Nonresidential construction contractors, subcontractors and labor brokers must verify each employee hired for a nonresidential construction project through E-Verify.
- In effect since
- March 20, 2026.
- Penalty
- $250 per violation for a first offense and $1,500 per violation for a repeat within three years. Continuing to employ someone after a final nonconfirmation is $5,000 per violation, and violators can be barred from state contracts for up to two years.
- Who enforces or publishes it
- Ohio Revised Code Chapter 4151
In the official wording
Private employers
"no nonresidential construction contractor, subcontractor, or labor broker shall fail to verify the employment eligibility of each employee"
Effective date
"Effective: March 20, 2026"
Penalty
"shall assess a fine of two hundred fifty dollars for each violation"
Three example businesses
- 8 employees, private, no state contract: Depends on your industry. See why
- 40 employees, private, no state contract: Depends on your industry. See why
- 40 employees, private, with a state contract: Depends on your industry. See why
Your own numbers: open the checker for Ohio.
Worth knowing
Verification records are kept three years after hire or one year after the job ends, whichever is later. Residential buildings, certain farm structures and mobile homes aren't nonresidential construction. Penalty amounts are quoted from HB 246 as passed; the copy we opened has the signature and date lines blank.
Not stated on the pages we opened: a rule for public employers, a rule for state contractors and limits on how E-Verify is used.
Hiring someone remote in New Jersey? MCC Solutions acts as an I-9 authorized representative: we meet the new hire, examine the original documents and complete Section 2 for you, from $65 per employee. E-Verify cases are created by the employer, in its own E-Verify account; we don't create them.
Official sources
- Ohio Revised Code 4151.02: Employee verification (effective March 20, 2026)
- Sub. H.B. 246 (136th General Assembly), as passed
General information, not legal advice. Checked November 2026. Federal rules on Form I-9 and E-Verify timing are on the all-states table.
Common questions
Do private employers in Ohio have to use E-Verify?
Only in the industry the rule names. Nonresidential construction contractors, subcontractors and labor brokers must verify each employee hired for a nonresidential construction project through E-Verify. The official wording: "no nonresidential construction contractor, subcontractor, or labor broker shall fail to verify the employment eligibility of each employee."
When did the Ohio rule take effect?
March 20, 2026.
What penalty does Ohio law set?
$250 per violation for a first offense and $1,500 per violation for a repeat within three years. Continuing to employ someone after a final nonconfirmation is $5,000 per violation, and violators can be barred from state contracts for up to two years.
Is a Form I-9 still needed in Ohio?
Yes. Every employer completes Form I-9 for each hire under federal law, and an E-Verify case is created from the finished form, so the state rule adds to the I-9 rather than replacing it.
All states: E-Verify requirements by state · North Carolina · Tennessee