Beginning October 1, 2026, Washington employers will have new obligations when they receive notice of a federal Form I-9 inspection. The new law requires employers to notify workers about federal Form I-9 inspections and the results of those inspections.
What Washington Employers Need to Know
- New workplace poster: Employers must display a poster developed by the Washington Attorney General explaining workers’ rights during federal Form I-9 inspections. The poster includes a section in which employers must identify where and how required notices will be provided in the event of a federal Form I-9 inspection.
- Notice when an inspection begins: Within five business days after receiving notice of a federal Form I-9 inspection, employers must notify workers and their authorized representatives, if any, of the inspection. Certain required information must be provided in English and the five most commonly used non-English languages in the state. The notice must be posted at the workplace and provided directly to workers.
- Notice of inspection results: Within five business days after receiving the federal agency’s inspection results, employers must notify affected workers and their authorized representatives, if any, of the results, including any issues identified with their records and applicable deadlines to correct them. Required information must be written in the language most regularly used to communicate between the employer and the affected worker.
Employers that fail to comply with the new notification requirements may face penalties and may be sued by affected workers. Workers may seek damages, attorneys’ fees and costs, and other relief. The Washington Attorney General may also seek statutory damages of $500 for each required notice that was not provided to a worker, which may be doubled for willful violations.
Resources, including the required poster and model notice, have been developed by the Washington Attorney General and are available here: https://www.atg.wa.gov/IWPA
What Should Washington Employers Do Now?
Washington employers should update their Form I-9 inspection procedures before October 1. In particular, employers should ensure that managers and HR personnel know to immediately escalate any Notice of Inspection or other federal request for Form I-9 records, as employers generally have only three business days to produce Forms I-9 following a Notice of Inspection, and the new Washington law provides only five business days to notify workers.
Employers should also download and complete the Washington Attorney General’s required poster, post it in the workplace beginning October 1, and familiarize themselves with the model worker notice so they are prepared in the event of an inspection.
The immigration attorneys at Ryan Swanson are available to assist employers with Form I-9 compliance and responding to ICE Notices of Inspection and other government worksite enforcement actions.
