; or (ii) is actively in the process of creating the employment required under section 203(b)(5)(A)(ii) and will create such employment before the third anniversary of the alien’s lawful admission for permanent residence; and ; (B) in paragraph (2), by amending subparagraph (A) to read as follows: (A) 90-day period before second anniversary (i) In general Except as provided in clause (ii) and subparagraph (B), a petition under subsection (c)(1)(A) shall be filed during the 90-day period before the second anniversary of the alien investor’s lawful admission for permanent residence. (ii) Exception Aliens described in subclauses (I)(bb), (I)(cc), and (II) of section 203(b)(5)(O)(ii) shall file a petition under subsection (c)(1)(A) during the 90-day period before the second anniversary of the subsequent investment. ; and (C) in paragraph (3)— (i) by striking The interview and inserting the following: (A) In general The interview ; (ii) by striking Service and inserting Department of Homeland Security ; and (iii) by striking the last sentence and inserting the following: (B) Waiver The Secretary of Homeland Security, in the Secretary’s discretion, may waive the deadline for such an interview or the requirement for such an interview according to criteria developed by United States Citizenship and Immigration Services in consultation with its Fraud Detection and National Security Directorate, and United States Immigration and Customs Enforcement, except that such criteria shall not include reduction of case processing times or the allocation of adjudicatory resources. A waiver may not be granted under this subparagraph if the alien to be interviewed— (i) invested in a regional center, new commercial enterprise, or job-creating entity that was sanctioned under section 203(b)(5); or (ii) is in a class of aliens determined by the Secretary to be threats to public safety or national security. ; (7) by redesignating subsection (f) as subsection (g)