Washington Requires Employee Notice of Federal I-9 Audits - HR ALERTS

Washington Requires Employee Notice of Federal I-9 Audits

Effective Date: October 1, 2026

Washington's Immigrant Worker Protection Act (H.B. 2105) establishes new employer notification requirements when federal immigration authorities conduct Form I-9 inspections.

What Changed?

If an employer receives notice of a federal Form I-9 inspection, the employer must:

• Provide written notice to employees that an inspection of Forms I-9 and related employment records will occur.

• Notify affected employees of the inspection results and explain any obligations the employer or employee must satisfy as a result.

The law also includes workplace posting requirements and prohibits retaliation against employees who exercise their rights under the Act.

Why This Matters

Employers should have a process in place to respond promptly if they receive notice of a federal I-9 audit. The new law adds employee communication requirements in addition to existing federal employment eligibility verification obligations.

Recommended Next Steps

• Review your I-9 audit response procedures.

• Develop employee notice templates in advance.

• Train HR staff and managers on the new notification requirements.

• Ensure workplace postings are updated, if applicable.

Source: WA H.B. 2105 

---

Get day-to-day updates on Washington Requires Employee Notice of Federal I-9 Audits visit the Vida HR Knowledge Center (Vida HR Clients Exclusive).