If you received a TSA Preliminary Determination of Ineligibility, an Initial Determination of Threat Assessment, a TWIC denial letter, or an HME denial letter, act promptly.

The letter does not always mean the decision is final. Depending on the notice and the reason for TSA’s determination, you may be able to:

  • Appeal because TSA’s facts or legal conclusion are wrong;
  • Request a waiver for an accurate but waivable disqualification;
  • Appeal and request a waiver in the alternative;
  • Request the releasable materials on which TSA relied; or
  • Request an extension for good cause.

For an ordinary Initial Determination governed by 49 C.F.R. § 1515.5, you generally must initiate an appeal within 60 days after receiving the notice. Different provisions and deadlines may apply to a waiver, immediate revocation, final determination, or determination based on other security information.

Do not rely only on the name “Preliminary Determination of Ineligibility.” TSA terminology has changed over time, and applicants still use several names for adverse letters. The exact title, procedural stage, date of service, stated reason, and response instructions in your notice control what you should do next.

National Security Law Firm represents TWIC and hazardous-materials endorsement applicants nationwide. We have handled TSA credential matters since 2016 and have represented applicants in hundreds of cases.

For qualifying initial-stage TWIC or HME appeals and waivers, our flat legal fee is $2,495. We review the complete TSA notice, obtain ordinary court records, analyze the alleged disqualification, develop the evidence, prepare the submission, and manage the matter through the covered stage.

Schedule a free consultation or call (202) 600-4996. If a deadline is approaching, tell us the date you received the letter when contacting the firm.

What Is a TSA Preliminary Determination of Ineligibility?

A Preliminary Determination of Ineligibility is an older term commonly associated with an adverse TSA security-threat assessment. Current regulations generally refer to an Initial Determination of Threat Assessment.

TSA may issue an adverse determination after reviewing an applicant for:

  • A Transportation Worker Identification Credential, commonly called a TWIC;
  • A hazardous materials endorsement, or HME, for a commercial driver’s license;
  • Another transportation-security credential or authorization governed by the applicable regulations.

The letter should identify why TSA believes the applicant does not satisfy the federal security-threat-assessment standards. Possible grounds include:

  • A reportedly disqualifying criminal conviction;
  • An outstanding want or warrant;
  • A pending indictment;
  • An arrest for which no disposition appears in the criminal-history record;
  • Immigration-status information;
  • A mental-capacity determination covered by the regulations;
  • Terrorism-related, intelligence, or other security information; or
  • Information discovered after a credential or endorsement was issued.

An initial determination is serious, but it is not necessarily the end of the process. The applicant’s first task is to identify exactly what TSA issued and which response procedure applies.

1. Read the Exact Title and Determine the Date of Service

Read every page of the TSA letter, including its instructions and attachments. Do not work from a photograph of only the first page.

Look for the exact title, such as:

  • Initial Determination of Threat Assessment;
  • Initial Determination and Immediate Revocation;
  • Final Determination of Threat Assessment;
  • Denial of Waiver;
  • A determination based on other security analyses; or
  • Another program-specific notice.

The title matters because different decisions may have different remedies. For example:

  • An ordinary initial determination may permit an appeal under 49 C.F.R. § 1515.5.
  • An applicant with a waivable condition may seek relief under § 1515.7.
  • A waiver denial may be reviewed by a TSA Administrative Law Judge under § 1515.11.
  • A determination based on terrorism-related, intelligence, or other security analyses may follow § 1515.9.
  • An immediate-revocation notice can affect an existing credential before the appeal is decided.

Next, determine when the notice was served and when you actually received it. Record:

  • The date printed on the letter;
  • The postmark or mailing date;
  • The delivery date;
  • The date you first opened or accessed an electronic notice;
  • Any tracking number; and
  • The deadline stated in the notice.

Do not assume the deadline runs from the day you began reading the letter or contacted a lawyer. Follow the wording in the notice and the governing regulation.

2. Preserve the Envelope and Delivery Information

Keep the original envelope, mailing label, electronic notification, delivery confirmation, and every page of the notice.

These materials may help establish when the letter was served or received. That can become important if:

  • The letter arrived substantially after its printed date;
  • It was delivered to an old or incorrect address;
  • Someone else accepted delivery;
  • TSA’s records show a different service date;
  • You need to request an extension; or
  • There is a dispute about whether your response was timely.

Scan the complete letter and envelope. Save the files in more than one secure location. If you send the documents to counsel, provide clear copies of every page rather than excerpts or screenshots.

3. Identify Every Basis TSA Listed

A TSA notice may identify one issue or several. Each ground must be evaluated separately.

Create a list containing:

  • The alleged offense;
  • The criminal statute, if provided;
  • The court and jurisdiction;
  • The arrest, conviction, sentencing, and release dates;
  • Whether TSA describes the matter as permanent or interim;
  • Any alleged warrant or indictment;
  • Any immigration or mental-capacity concern;
  • Any reference to terrorism-related or other security information; and
  • Any factual statement that appears incomplete or incorrect.

Do not assume a commercial background report or abbreviated FBI entry establishes the legal result. Criminal-history records may omit that:

  • A charge was dismissed or nolle prossed;
  • The applicant was acquitted;
  • The prosecutor declined the case;
  • A felony charge was reduced to a misdemeanor;
  • A conviction was vacated or reversed;
  • A warrant was recalled;
  • An indictment was dismissed;
  • The defendant was released from incarceration on a different date;
  • A pardon was issued; or
  • The record belongs to another person.

The offense label is also not necessarily conclusive. TSA’s legal categories do not always match the shorthand used by courts, police agencies, state repositories, or commercial background-check companies. The governing statute, disposition, dates, and official records must be analyzed.

4. Request TSA’s Releasable Materials When Appropriate

Under 49 C.F.R. § 1515.5, an applicant may request copies of the releasable materials on which TSA relied in making an Initial Determination.

A timely request can be valuable when:

  • You do not recognize the case;
  • TSA’s description is vague;
  • The dates appear incorrect;
  • Several criminal matters could have caused the determination;
  • You do not know whether the problem came from the FBI, a state repository, a court, or another agency;
  • TSA’s legal classification is unclear; or
  • The notice refers to information you have never seen.

A timely request for TSA’s materials can initiate the appeal process. The regulation generally permits the applicant to submit the written reply within 60 days after TSA serves its response to the request for materials.

TSA may withhold classified information and other information protected from disclosure by law.

Requesting TSA’s file does not mean you should stop gathering evidence. Court clerks, corrections departments, prosecutors, immigration agencies, and criminal-history repositories can take weeks or months to respond. Begin obtaining the likely records while waiting for TSA’s materials.

5. Calendar the 60-Day Deadline Immediately

For an ordinary appeal under § 1515.5, an applicant generally must initiate the appeal within 60 days after receiving TSA’s Initial Determination.

The applicant can ordinarily initiate the process by:

  • Submitting a written reply disputing TSA’s determination;
  • Requesting the releasable materials on which TSA relied; or
  • Requesting an extension under the regulation.

Calendar the deadline immediately. Set earlier internal reminders so the matter is reviewed well before the final day.

If the applicant does not timely initiate an appeal, TSA ordinarily converts the initial determination into a Final Determination of Threat Assessment. Missing the appeal deadline can eliminate the ordinary opportunity to correct factual or legal errors through that administrative appeal.

A waiver may remain possible in some cases, but only if the condition is waivable and the waiver deadline is satisfied. Under § 1515.7, a waiver request may be made during the application process, after pursuing some or all of the appeal procedure, or generally no later than 60 days after service of a Final Determination.

Do not assume that one “60-day rule” answers every timing question. The triggering event can differ depending on whether you are appealing, requesting materials, replying after receiving materials, or seeking a waiver. Follow the specific notice and regulation.

6. Determine Whether You Need an Appeal, a Waiver, or Both

An appeal and a waiver serve different purposes.

File an Appeal When TSA Is Wrong

An appeal asserts that TSA’s factual or legal determination is incorrect.

An appeal may be appropriate when:

  • The record belongs to another person;
  • TSA treated an arrest as a conviction;
  • The charge was dismissed;
  • The applicant was acquitted;
  • A felony charge was reduced to a misdemeanor;
  • The offense does not match TSA’s identified category;
  • TSA relied on the wrong conviction or release date;
  • An interim offense falls outside the applicable seven-year and five-year periods;
  • A warrant or indictment has been resolved;
  • A conviction was reversed, vacated, or pardoned in a legally relevant manner;
  • TSA misclassified simple drug possession as distribution or possession with intent to distribute; or
  • Immigration or mental-capacity information is inaccurate.

The appeal should include official records and a focused explanation showing why TSA should withdraw the initial determination.

For TWIC-specific guidance, review how to appeal a TWIC card denial. Commercial drivers can review our information about hazardous materials endorsement matters.

Request a Waiver When the Disqualification Is Accurate but Waivable

A waiver generally accepts that a covered disqualifying condition exists but asks TSA to determine that the applicant does not pose a transportation- or national-security threat.

A waiver request may rely on evidence such as:

  • The circumstances of the offense;
  • The time that has passed;
  • Completion of incarceration, probation, or parole;
  • Payment of restitution;
  • Stable employment;
  • Safety-sensitive work history;
  • Employer recommendations;
  • Education and vocational training;
  • Community and family responsibilities;
  • Substance-use treatment, when relevant;
  • Counseling or other rehabilitative measures;
  • A responsible driving history; and
  • Evidence of sustained law-abiding conduct.

Not every disqualifying condition can be waived. Waiver eligibility must be determined from the precise regulatory category.

Learn more about TWIC waiver and appeal representation and how TSA waiver requests work.

Some Applicants Should Pursue Both

An applicant may challenge TSA’s determination while seeking a waiver in the alternative.

For example, an applicant may argue that a state conviction does not legally match TSA’s disqualifying category but also demonstrate rehabilitation in case TSA rejects that argument.

Another applicant may have multiple matters:

  • One record may be incorrect and require an appeal.
  • A separate, accurately reported offense may require a waiver.

Alternative arguments should be drafted carefully. An unnecessarily broad admission in a waiver request could undermine a factual or legal position the applicant intends to preserve on appeal.

7. Request an Extension When More Time Is Necessary

Under 49 C.F.R. § 1515.5(f), TSA may grant an extension for good cause.

A written extension request should generally:

  • Identify the applicant and TSA determination;
  • State the current deadline;
  • Explain why additional time is necessary;
  • Describe the records already requested;
  • Identify delays outside the applicant’s reasonable control;
  • State the additional time requested; and
  • Be submitted sufficiently before the existing deadline.

Potential grounds may include:

  • Delayed archived court records;
  • A courthouse reporting that an old file must be retrieved;
  • Delayed corrections or immigration records;
  • Hospitalization or another documented emergency;
  • Late or defective notice; or
  • Another circumstance that genuinely prevents a complete response.

TSA has discretion to grant or deny the request. Continue preparing the case while the request is pending whenever possible.

If the deadline has already passed, the regulation permits a written request explaining why the late filing was excusable. A late request should be made immediately and should include supporting documentation. Approval is not automatic.

8. Do Not Submit an Incomplete Record Casually

A rushed, unsupported letter can make the case harder.

Avoid submitting:

  • A personal explanation without official records;
  • An uncertified internet docket when a certified disposition is obtainable;
  • A commercial background report as proof of the final result;
  • Inconsistent dates;
  • Only favorable pages from a longer court record;
  • A waiver request without understanding what it concedes;
  • Character letters when the central problem is a legal classification error; or
  • A bare assertion that the record is wrong.

Depending on the issue, the supporting record may need to include:

  • The charging document;
  • Certified judgment;
  • Plea agreement;
  • Dismissal or nolle prosequi order;
  • Judgment of acquittal;
  • Amended charge;
  • Sentencing order;
  • Corrections records establishing release;
  • Warrant-recall order;
  • Order dismissing an indictment;
  • Appellate mandate;
  • Vacatur order;
  • Pardon;
  • Immigration documentation;
  • Corrected FBI or state criminal-history record; or
  • A court clerk’s certification when the original file no longer exists.

This is especially important in waiver cases. If TSA denies a waiver and the applicant requests Administrative Law Judge review, the ALJ ordinarily considers the evidence previously presented to TSA. New evidence may require a new waiver request rather than simply supplementing the pending ALJ case.

9. Protect Your Employment While the TSA Matter Is Pending

A TSA letter can threaten current employment, a conditional job offer, port access, or a commercial driver’s ability to transport hazardous materials.

Act carefully and consider:

  • Whether the employer requires immediate disclosure;
  • Whether a collective-bargaining agreement applies;
  • Whether company policy provides leave, reassignment, or an internal review process;
  • Whether the worker can temporarily perform duties that do not require a TWIC or HME;
  • Whether the notice immediately invalidates an existing credential;
  • Whether a state licensing authority has taken separate action against an HME;
  • Whether an employer needs proof that a timely response was filed; and
  • Whether separate Coast Guard, state CDL, or FMCSA rules affect the worker.

Do not tell an employer that TSA has approved an appeal merely because the appeal was filed. A pending challenge is not an approval.

For an HME, TSA conducts the federal security-threat assessment, but the state licensing authority issues, renews, transfers, and revokes the endorsement. A favorable TSA decision also does not automatically resolve a separate CDL disqualification under state law or 49 C.F.R. § 383.51.

When appropriate, an applicant may give the employer a narrowly tailored confirmation that the TSA matter is being addressed without disclosing unnecessary medical, immigration, or criminal-history information. Employment strategy depends on the notice, credential status, job duties, and applicable workplace rules.

What Happens After a TSA Appeal Is Submitted?

After reviewing the reply and supporting evidence, TSA may:

  • Request additional information;
  • Withdraw the Initial Determination; or
  • Issue a Final Determination of Threat Assessment.

Under § 1515.5, TSA ordinarily issues its decision within 60 days after receiving the applicant’s reply, although TSA may extend its time for good cause. Actual processing times vary.

If TSA withdraws the initial determination, the credentialing process may continue, subject to remaining enrollment, issuance, state-licensing, and program requirements.

If TSA issues a Final Determination, the next step depends on the basis of the decision. Potential options may include:

  • A timely waiver request for a waivable condition;
  • Judicial review under 49 U.S.C. § 46110 for certain ordinary final determinations;
  • A different appeal process for determinations based on other security analyses; or
  • Separate review of any state, Coast Guard, FMCSA, or employment action.

If TSA denies a waiver, the applicant generally has 30 calendar days after service to request TSA Administrative Law Judge review under § 1515.11.

What Does National Security Law Firm Do?

For qualifying TWIC and HME matters, National Security Law Firm can:

  • Review every page of the TSA notice;
  • Determine the applicable procedural stage and deadline;
  • Advise whether to request TSA’s materials;
  • Distinguish an appeal from a waiver;
  • Identify factual and legal errors;
  • Obtain ordinary court and disposition records;
  • Analyze whether a state offense matches TSA’s federal category;
  • Calculate conviction and release-from-incarceration periods;
  • Review immigration or mental-capacity documentation when relevant;
  • Develop rehabilitation and security-risk evidence;
  • Prepare the legal submission;
  • Organize and label exhibits;
  • Submit the response to TSA;
  • Preserve proof of filing; and
  • Manage ordinary TSA requests through the covered initial stage.

We have handled TWIC and HME matters since 2016 and have represented applicants in hundreds of TSA credential cases nationwide. Our experience does not provide special influence over TSA. It helps us identify the procedural choices, records, legal issues, and evidentiary gaps that can determine whether a submission succeeds.

How Much Does Representation Cost?

National Security Law Firm charges a flat legal fee of $2,495 for qualifying initial-stage TWIC or HME appeal or waiver representation.

The covered work generally includes the legal analysis, ordinary court-record procurement, evidence development, preparation, submission, and matter management described in the written engagement agreement.

Unless expressly included in the agreement, the fee does not cover:

  • Unusual third-party expenses;
  • Litigation to correct a source record;
  • An expungement, vacatur, or other post-conviction proceeding;
  • A separate waiver after completing an appeal;
  • Administrative Law Judge review;
  • An administrative hearing;
  • TSA Final Decision Maker review;
  • Federal-court litigation;
  • A separate Coast Guard proceeding;
  • A state CDL or HME proceeding; or
  • An employment dispute.

The signed engagement agreement always controls the precise scope.

Eligible clients may use Pay Later by Affirm to divide the fee into monthly payments. Financing availability and terms are determined by the financing provider.

The Written Refund Guarantee

National Security Law Firm offers a written refund guarantee in certain qualifying accepted TWIC and HME matters.

The refund guarantee does not promise that TSA, a state licensing authority, an employer, or another agency will approve the case. No attorney can ethically guarantee a government outcome.

When the guarantee applies, the signed engagement agreement identifies the covered result and the circumstances under which NSLF will refund the covered $2,495 legal fee if that result is not achieved.

The guarantee:

  • Applies only when expressly included in the signed engagement agreement;
  • Covers only the legal fee identified in that agreement;
  • Is subject to stated terms, exclusions, and client responsibilities;
  • Does not control TSA’s or a state’s decision; and
  • Does not necessarily cover third-party expenses or advanced proceedings.

We do not accept every matter for guaranteed representation. We first review the complete notice, procedural stage, deadline, alleged disqualification, and available evidence.

Frequently Asked Questions

Is a Preliminary Determination of Ineligibility a final denial?

Not necessarily. The phrase commonly refers to an initial adverse determination. If the notice permits an appeal, a timely response may allow you to challenge the decision before it becomes final. Read the exact title and response instructions in your letter.

How long do I have to respond?

For an ordinary appeal under 49 C.F.R. § 1515.5, you generally must initiate the appeal within 60 days after receiving the Initial Determination. Other deadlines may apply to waiver requests, ALJ review, immediate-revocation cases, or other security-analysis decisions.

Does requesting TSA’s records preserve my appeal?

A timely written request for the releasable materials on which TSA relied generally initiates an appeal under § 1515.5. The applicant ordinarily may submit a written reply within 60 days after TSA serves its response to that request.

Should I appeal if TSA’s criminal record is wrong?

Usually, yes. An appeal is designed to challenge a factual or legal error. The response should include official evidence establishing the correct identity, disposition, offense level, statute, conviction date, release date, or other disputed fact.

Should I seek a waiver if the conviction is accurate?

Potentially. If the offense falls within TSA’s waiver authority, the applicant can ask TSA to determine that the applicant does not pose a security threat. Rehabilitation, employment, sentence completion, restitution, treatment, and responsible conduct may be relevant.

Can I appeal and request a waiver?

Potentially. Some applicants should dispute TSA’s determination while requesting a waiver in the alternative. Others have multiple records requiring different remedies. The arguments must be coordinated carefully.

What if TSA found an arrest but no disposition?

Under 49 C.F.R. § 1572.103(d), TSA may require written proof that an arrest for a listed offense did not result in a disqualifying conviction. The provision generally allows 60 days after service of the notification to provide that proof.

Will filing an appeal keep my existing TWIC or HME active?

Not always. The answer depends on the notice and whether TSA ordered immediate invalidation or revocation. For an HME, the state licensing authority may also take action based on TSA’s determination. Review the letter immediately before continuing to use the credential or endorsement.

Can I continue working while the case is pending?

That depends on whether the credential remains valid, your job duties, employer policy, any collective-bargaining agreement, and separate state or federal requirements. Filing an appeal does not automatically guarantee continued access or employment.

Can a lawyer guarantee that TSA will approve my case?

No. TSA controls the decision. A written refund guarantee offered in a qualifying accepted matter is a contractual commitment concerning the covered legal fee, not a promise of approval.

Get an Urgent Review of Your TSA Letter

A TSA ineligibility letter can affect your livelihood, port access, commercial-driving work, and future credential applications. The strongest response begins with the complete notice, an accurate deadline, the correct procedural choice, and official evidence addressing every stated ground.

National Security Law Firm represents TWIC and HME applicants nationwide. For qualifying initial-stage matters, our flat legal fee is $2,495. Financing may be available, and certain accepted cases may qualify for a written refund guarantee under the engagement agreement.

When contacting us, provide:

  • Every page of the TSA notice;
  • The envelope or electronic delivery information;
  • The date you received it;
  • Any court records already in your possession; and
  • The date of any threatened employment or licensing action.

Schedule a free consultation or call (202) 600-4996.

Official TSA Appeal and Waiver Resources

Author: Katherine O’Brien, Esq., Founder, National Security Law Firm
Attorney Reviewed: August 26, 2026

This page provides general information and is not legal advice. Viewing this page or contacting the firm does not create an attorney-client relationship. Past results do not guarantee future outcomes. Any fee, scope of representation, financing arrangement, or refund guarantee is governed exclusively by a signed written engagement agreement.