Washington Employers Face Oct. 1 Immigrant Worker Protection Act Form I-9 Inspection Notice of Inspection Rules

Washington employers began complying October 1, 2026, with the Immigrant Worker Protection Act, which requires a workplace poster and written notices tied to federal employment-record inspections. The first notice is due within five business days of an inspection notice. A second deadline follows when written results arrive.

The requirements apply broadly. The law covers public and private employers with one or more workers in Washington, including state agencies, political subdivisions and municipal corporations.

The measure was enacted as Second Substitute House Bill 2105. Governor Bob Ferguson signed it on March 30, 2026.

The posting duty applies even before an inspection. Employers must display the state attorney general’s poster where workplace notices are customarily posted and keep it up through the inspection process.

The first employee notice follows a federal inspection notice

After a federal Notice of Inspection arrives for Form I-9 records, employers have five business days to notify workers and any applicable union representative. The notice should include a copy of the federal document. It must identify the agency, the date the employer received the notice, and the records requested.

Employers must also state the inspection’s purpose if they know it. The notice must provide contact information for a statewide immigrant or refugee rights organization.

A Form I-9 inspection can trigger this first notice requirement. Employers must deliver the information in English and the five most commonly used non-English languages in Washington: Spanish, Mandarin, Russian, Ukrainian and Vietnamese.

The employer must use its primary communication method. Options include hand delivery, mail with proof of delivery, email with proof of transmission, or text message with proof of transmission.

Written results start a separate five-day clock

The second notice is due within five business days after the employer receives written inspection results. It goes to affected workers and their representatives, and must include a copy of the federal results notice.

That notice must explain the employer’s and worker’s obligations. It must also describe any deficiencies, the period allowed for corrections, options for meetings and the worker’s right to representation.

The two deadlines attach to different events. The first starts when the employer receives the federal inspection notice; the second starts when written results are received.

State guidance and templates came out in September

The Washington Attorney General’s Office released the poster, model notices and employer guidance on September 1, 2026. The materials are available in English, Spanish, Mandarin, Russian, Ukrainian and Vietnamese.

The office also issued guidance on responding when federal agents arrive or request worker information. Employers can use the model notices alongside their existing communication systems, provided they use their primary method and retain proof when sending messages electronically or by mail.

The law’s reach prompted employer groups to urge members to revise posting practices, notice templates and internal response protocols before the October 1 start date. Compliance advisers also recommended documenting postings and transmissions, assigning staff responsibility for required notices, and training human resources employees and managers on the deadlines.

A missed notice can cost $500 per violation

An employer that fails to provide a required notice can face $500 in statutory damages for each violation. The amount doubles for a willful violation.

Washington also prohibits employers from interfering with or retaliating against workers exercising rights under the law. The poster must remain posted throughout the inspection process, while the notice deadlines run separately from the date each federal document reaches the employer.