Washington Requires Notice of Form I-9 Inspections

WA H 2105 was signed by the governor on March 30, 2026. Beginning October 1, 2026, Washington employers of all sizes will be required to comply with new notice and posting requirements related to federal Form I-9 inspections.

Notice of Upcoming Inspection

Within five business days of receiving notice from a federal agency of an upcoming Form I-9 inspection, employers need to provide written notice to each employee (and their authorized representative, if they have one) by an individual communication and the posting of the notice in the workplace.

The notice needs to include a copy of the federal agency’s notice of inspection as well as certain other information, such as the date the employer received the notice, the types of records requested, and the purpose of the inspection. These details (except the copy of the notice of inspection) must be provided in English and the five most common non-English languages spoken in Washington. The state will release posters and model notices in English and the five most common non-English languages, which will be available online by September 1, 2026.

The notice has to be provided to all employees individually using the employer’s primary method of communication and has to include at least one of the following: hand delivery, mail with proof of delivery, or email or text message with proof of transmission. It also needs to be posted for the full length of the inspection in a conspicuous area in the workplace where employee communications are usually posted.

Notice of Inspection Results

Within five business days of receiving the written inspection results, employers need to provide written notice to employees who, according to the inspection results, have Form I-9 work authorization documents that contain deficiencies or lack federal work authorization altogether. 

Notices need to include all of the following information:

• A copy of the federal agency’s inspection results

• The employer and employee’s obligations based on the inspection results

• A description of the deficiencies or other identified issues related to the employee

• The timeframe to correct deficiencies

• An agreed-upon meeting time and date (or time and date options) to correct the deficiencies

• A statement that the employee has the right to have representation in meetings with the employer

Employers need to provide this notice in the language they regularly use to communicate with the particular employee. It must be sent using the employer’s primary method of communication, which must include one of the methods described above. The information provided must relate only to the individual employee—other employees’ personal information has to be redacted.

Workplace Posting of Rights

In addition to the above requirements, employers need to post a notice informing employees of the employer’s obligations under this law. The poster needs to be displayed in English and the five most common languages spoken in Washington in a conspicuous area in the workplace where employee notices are typically posted. Model posters will be created by the state and will be available online by September 1, 2026.

This law will only take effect if it’s funded through a future budget bill by June 30, 2026, but historically, Washington has funded similar bills.

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