Originally published by the Washington Retail Association on October 1, 2026. Shared by the Burlington Chamber of Commerce as an informational resource for Washington employers.
Washington’s new Immigrant Worker Protection Act requirements for I-9 inspections take effect October 1, 2026, creating new notification and posting requirements for employers.
Under the new law, employers must notify workers within five business days of receiving a federal Notice of Inspection (NOI) for Form I-9 and related worker records. The notice must be posted in a conspicuous workplace location and provided directly to workers using the employer’s primary method of communication. Employers must also provide the notice to an employee’s authorized representative, if applicable.
What the Notice Must Include
The notice must include a copy of the federal Notice of Inspection and the following information in English and the five most commonly used non-English languages in Washington:
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The name of the federal agency conducting the inspection
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The date the employer received the inspection notice
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The types of records being requested and other identified purposes of the inspection, to the extent known
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Contact information for a statewide organization that provides information and advocacy related to immigrant and refugee rights
The Washington Attorney General’s Office has published a model notice and required workplace poster for employers, along with additional guidance. Materials are available in English, Spanish, Russian, Vietnamese, Ukrainian, and Chinese-Mandarin.
Employers that use the Attorney General’s model notice can satisfy the required notice elements without arranging their own translations.
Requirements Following an I-9 Inspection
The new requirements also apply after an I-9 inspection.
Within five business days of receiving written inspection results, employers must notify affected workers and their authorized representatives, if applicable. This includes workers identified as lacking federal work authorization or whose Form I-9 has deficiencies.
The notice must include:
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A copy of the federal results notice
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Information about any identified deficiencies
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The time period available to correct the deficiencies
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Scheduling options for a meeting to address corrections
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Information about the worker’s right to representation
Compliance Reminder for Employers
Employers should document both workplace postings and individual notifications and retain proof of transmission.
The law allows direct notification through methods including:
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Hand delivery
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Mail with proof of delivery
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Email with proof of transmission
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Text message with proof of transmission
Employers should also be aware that the federal and state deadlines are different. Federal law generally gives an employer at least three business days to produce I-9 forms after receiving a Notice of Inspection, while Washington law gives employers five business days to notify workers.
The new law also addresses employer I-9 self-audits and limits employers from imposing work authorization verification or reverification requirements beyond those required by federal law. Washington law does not require employers to conduct I-9 self-audits.
Employer Resources
The Washington Attorney General’s Office has made the required workplace poster, model notices, and employer guidance available through its Immigrant Worker Protection Act resource page.
Source: Washington Retail Association, “New I-9 Inspection Notice Requirements Take Effect Today,” published October 1, 2026.
This information is being shared by the Burlington Chamber of Commerce as a resource for our business community and is intended for general informational purposes only. It does not constitute legal advice. Employers with questions about how these requirements apply to their business should consult qualified legal counsel.
