Ohio Attorney General Issues E-Verify Compliance Notice for Nonresidential Construction Employers

The Ohio Attorney General’s Office recently distributed a notice reminding contractors, subcontractors, and labor brokers of Ohio’s E-Verify requirements applicable to nonresidential construction projects. A copy of the Attorney General’s letter is attached for your reference.
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Ohio law, effective March 20, 2026, requires contractors, subcontractors, and labor brokers performing nonresidential construction work to use the federal E-Verify system as part of their employment eligibility verification obligations. The Attorney General’s Office has also reminded employers that it is responsible for investigating complaints and enforcing the statute, including the civil penalties and potential debarment provisions established by Ohio law.

AGC of Ohio Member Advisory
While the Attorney General’s letter provides important notice of the new law, AGC of Ohio believes an unresolved issue remains regarding the interaction between Ohio’s statute and the federal E-Verify program.

Federal E-Verify rules generally permit employers to create E-Verify cases only for newly hired employees within the prescribed federal timeframes. Federal program rules generally do not authorize employers to use E-Verify to verify existing employees, except in limited circumstances required by federal law or certain federal contracts.
Ohio’s statute, however, contains language that could be interpreted more broadly, creating uncertainty regarding existing employees hired before the law took effect or before an employer became subject to its requirements.
At this time, the State has not issued guidance reconciling this apparent inconsistency between Ohio law and the federal E-Verify program.
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Accordingly:

• There is no uncertainty regarding new hires. Employers should continue to use E-Verify for all newly hired employees performing work covered by the statute, consistent with federal E-Verify requirements.
• Existing employees present a more complicated issue. Because federal E-Verify rules generally prohibit employers from initiating E-Verify cases for current employees outside of limited circumstances, employers should consult legal counsel regarding the appropriate approach until additional guidance is issued by the State or the federal government.
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AGC of Ohio will continue to monitor developments and will promptly advise members if additional guidance or clarifying legislation becomes available.

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