(1) An employee who holds a nonimmigrant visa for temporary workers, as recognized by federal law, is not subject to the rights and responsibilities of Title 50B RCW, unless the employee notifies their employer(s) in writing that they would like to participate.
(2) The employer(s) must maintain a copy of the written notice of the employee's request to participate in the program.
(3) If an employee notifies their employer(s) that they would like to participate in the program, participation begins and premiums must be assessed:
(a) At employment commencement for new employees; or
(b) The quarter immediately following notification.
(4) If an employee who holds a nonimmigrant visa for temporary workers becomes a permanent resident or citizen employed in Washington, the employee becomes subject to the rights and responsibilities of this chapter beginning the quarter immediately following permanent status and premiums must be assessed.
(5) Wages and hours reported when an employee did not participate in the program do not count toward qualifying for the benefit.
[Statutory Authority: RCW 50B.04.020, 50B.04.053, 50B.04.055, 50B.04.085, and 2025 c 380 s 16. WSR 25-24-065, s 192-905-008, filed 12/1/25, effective 1/1/26.]