IN THIS GUIDE · Reconstructing a missing refusal record before preparing a new TN case
Start with the TN eligibility and application overview
Record facts without assigning a legal label
Write down the approximate date, place, agency involved and what documents were handed over or returned. Quote remembered wording only as recollection. Different events can be described informally as refusal, so do not select a statutory reason or procedural label merely because it sounds familiar. Hypothetical example: A braille-display calibration engineer recalls being questioned after an earlier offer described both consulting and independent sales. The useful decision is whether the new position is a defined employer role with listed professional duties, not whether the earlier discussion can be relabelled. Preserve the offer, role description, and ownership facts separately.
Search records already available
Check prior application copies, correspondence with counsel, appointment records and relevant passport pages. Ask any former representative for the file they hold through an appropriate secure channel. Preserve originals and metadata where available rather than rebuilding a notice from fragments. A first review produces a dated chronology with confidence levels: document confirmed, reliable recollection, or unknown. Compare the passport stamps with the employer’s timing and any electronic correspondence. That comparison may show that a remembered conversation occurred on a different trip, which prevents a later explanation from attaching the event to the wrong admission.
Identify the appropriate records request
If the decision record cannot be found, ask counsel which agency may hold it and which current request procedure applies. Do not assume one agency’s records cover every immigration event. Record requests can support reconstruction, but their existence does not answer a new application’s disclosure questions. Do not send a broad request before identifying the event’s likely custodian and the information actually needed. A request receipt establishes that records were sought, not what they will say. If a response is incomplete, retain it and explain the limits rather than converting silence into a conclusion about the prior decision.
Compare the old issue with the new case
Once the history is understood, assess whether the current employment and evidence address any relevant issue. A new offer does not automatically erase a prior decision. Keep any admissibility question distinct from whether the proposed profession and credentials qualify for TN. Sequence the current case after the history review: identify the claimed profession, map duties to it, then test the credential and any licence requirement. A polished support letter cannot repair a mismatch between the work actually offered and the category. The employer should know which facts need confirmation before the worker presents the case.
Health-care certification and the state licence
Land Surveyor includes a listed degree or a state, provincial or federal licence alternative.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.