; and (C) in paragraph (3)— (i) in subparagraph (A), in the undesignated matter following clause (ii), by striking the before such filing ; and (ii) by amending subparagraph (B) to read as follows: (B) Removal or extension of conditional basis (i) In general Except as provided in clause (ii), if the Secretary determines that the facts and information contained in a petition submitted under paragraph (1)(A) are true, including demonstrating that the alien complied with subsection (d)(1)(B)(i), the Secretary shall— (I) notify the alien involved of such determination; and (II) remove the conditional basis of the alien’s status effective as of the second anniversary of the alien’s lawful admission for permanent residence. (ii) Exception If the petition demonstrates that the facts and information are true and that the alien is in compliance with subsection (d)(1)(B)(ii)— (I) the Secretary, in the Secretary’s discretion, may provide one 1-year extension of the alien’s conditional status; and (II) (aa) if the alien files a petition not later than 30 days after the third anniversary of the alien’s lawful admission for permanent residence demonstrating that the alien complied with subsection (d)(1)(B)(i), the Secretary shall remove the conditional basis of the alien’s status effective as of such third anniversary; or (bb) if the alien does not file the petition described in item (aa), the conditional status shall terminate at the end of such additional year. ; (6) in subsection (d)— (A) in paragraph (1)— (i) by amending subparagraph (A) to read as follows: (A) invested the requisite capital; ; (ii) by redesignating subparagraph (B) as subparagraph (C); and (iii) by inserting after subparagraph (A) the following: (B) (i) created the employment required under section 203(b)(5)(A)(ii); 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