E-Verify Compliance Notice from the Ohio Attorney General

The Ohio Attorney General's Office recently asked OCA to share a notice reminding contractors about Ohio's E-Verify law, which took effect on March 20, 2026. A copy of that letter can be found here. Contractors are reminded that they are required by Ohio law to use E-Verify as part of their employment eligibility verification process. The letter also reminds contractors that the Attorney General is responsible for investigating complaints and enforcing the statute, including civil penalties and possible debarment provisions established by Ohio law.

The letter from the AG does not, however, address an unresolved issue concerning a potential conflict between Ohio's statute and the federal E-Verify program. Federal E-Verify rules permit employers to E-Verify newly hired employees. Federal program rules generally do not authorize employers to verify existing employees, except in limited circumstances. Ohio's statute, however, contains language that could be interpreted more broadly to include verification of employees hired before the Ohio law took effect, creating uncertainty regarding existing employees.

At this time, we continue to seek clarification and guidance on this potential inconsistency between Ohio law and the federal E-Verify program rules. Employers should use the E-Verify process for all newly hired employees. Verifying the status of existing employees is a more complicated issue, and employers are advised to consult with legal counsel until additional guidance is issued by the State of Ohio or we are able to modify the statute. OCA will continue to monitor developments and provide guidance when it becomes available.

For more information, contact Michelle Holdgreve.