The first rule is to file long enough in advance to avoid having to request an expedite. However, the USCIS has the capacity to handle O and P petitions on an expedited basis and special procedures for doing so. The USCIS has set a high bar for granting expedites, which disrupt the normal flow, and frown on petitioners guilty of poor planning and ignorance (though it is unclear how they respond to claims of reliance on the outdated I-129 instruction booklet, which would lead anyone astray).

Since the advent of Premium Processing, only bona fide nonprofit organizations with a 501(c)(3) letter, or who can document that they qualify for exemption from taxation under Internal Revenue Code Section 501(c)(3), retain the ability to request traditional expedites. Such organizations must provide a copy of their nonprofit documentation when requesting an expedite. All others must resort to Premium Processing in an emergency. Not making money on the activities in question, or generally losing money, does not a bona fide nonprofit organization make! Moreover, petitioning on behalf of bona fide non-profits makes no difference if the petitioner lacks the appropriate tax status.

In theory, the service centers are bound by the expedite criteria promulgated by U.S. Citizenship and Immigration Services (USCIS) headquarters. A USCIS November 30, 2001 memo concerning traditional expedites, lists the following criteria:

·	Severe financial loss to a company or an individual;
·	Extreme emergencies;
·	Humanitarian considerations;
·	Nonprofit entities seeking to further the cultural and social interests of the U.S.;
·	Defense or national interest considerations (supported by the statement of a U.S. government official asserting that delay would be detrimental to the U.S.);
·	USCIS error;
·	Compelling interests of USCIS.

Even so, service center interpretation of these criteria varies from case-to-case. With the recent re-organization of service center processing (all petitions should be mailed to one of two regional USCIS service centers, the best information now available suggests following the standard traditional expedite practices used by the California Service Center.

When requesting expedited treatment while originally submitting a petition to USCIS: Mark the outside of the envelope with red dots and prominently write "EXPEDITE REQUESTED." The cover letter to the petition should be similarly marked and should include a written explanation of the expedite request and documentation of the petitioner's 501(c)(3) status. It is best to put any such explanation up front in the letter. When applying to Vermont, send the petition to the Vermont Service Center address, clearly marked “Expedite Request,” including the cover letter as described above. When applying to California, use the goldenrod (bright yellow) California worksheet, and either complete the section entitled "Reason(s) for Expedite" or simply refer in that section to an attached separate one-page letter of explanation. If you download the worksheet, copy it onto goldenrod paper. Mail the petition to the California Service Center. You may simultaneously fax the request, and any documentation the center may need to process the request to (949) 389-3441. A supervisor may call you back with the result, not of the underlying petition, simply of the expedite decision. If the expedite decision is favorable, expect a result within 48 hours.

When requesting expedited treatment after a petition has already been received by USCIS:
Provide a detailed explanation regarding the reason for an expedite in a one-page letter signed by the petitioner. This letter and any support documentation should be faxed to (949) 389-3441 if applying to theCalifornia Service Center, or to (802) 527-4816 if applying to the Vermont Service Center. Incomplete requests to expedite petitions will not be granted. All supporting documents not in English must include a certified translation.

Implementation of the USCIS National Customer Service Center (NCSC) has made traditional expedite processing even more difficult than before, by severing any direct links to the service centers. You might try contacting NCSC, 1-800-375-5283, to see whether it suggests any alternate procedures.

In all cases, remember that the most compelling cases are those that involve a last-minute emergency such as illness, injury, etc., that the petitioner can somehow document, combined with significant potential financial harm. Expedites requested because the service center has gone well beyond the estimated processing times stated in the I-797 receipt are iffy. Expedites justified on the grounds that it now is taking even longer to get visas issued at the consulates are iffier still. Try to address, if not document, every criterion possibly applicable to your case, including those in the November 30, 2001 USCIS memo and those on the respective service center web site.

Congressional offices may be of assistance. Petitioners should first contact the case worker for their respective congressional representative by phone, then follow up with a short fax explaining the nature of the emergency, authorizing that office to contact USCIS on the petitioner's behalf, and enclosing a copy of the I-129 form and any beneficiary list. Use this option only when desperate!

Finally, if USCIS agrees that an O or P petition merits expedited handling, it does have emergency procedures for obtaining the labor consultation if required. Even in a dire emergency, the petitioner should still try to obtain the labor certification first, to save USCIS processing time. Otherwise, though, the petitioner should make it clear in the accompanying letter and on the O/P Classification Supplement that it wishes to invoke these procedures, by asking USCIS to obtain the consultation under the emergency procedures, citing 8 CFR § 1214.2(o)(5)(i)(E) for O petitions, and 8 CFR § 1214.2(p)(&)(i)(E) for P petitions.