; or (bb) such alien makes a qualifying investment in another new commercial enterprise; or (II) in the case of the debarment of a new commercial enterprise or job-creating entity, such alien invests in another new commercial enterprise. (iii) Removal of conditions Aliens described in subclauses (I)(bb) and (II) of clause (ii) shall be eligible to have their conditions removed pursuant to section 216A beginning on the date that is 2 years after the date of the subsequent investment. (iv) In case of enforcement action Except as provided in clause (v), if the Secretary of Homeland Security, the Attorney General, or the Securities and Exchange Commission files, in any United States District Court, a criminal or civil enforcement action containing allegations that a regional center, a new commercial enterprise, a job-creating entity, or any person involved with any of the foregoing entities, committed fraud which affected an alien’s investment capital under subparagraph (A), or if a State authority or agency files such an action in a State court— (I) for all related petitions for classification under section 203(b)(5) and petitions for removal of conditions described in section 216A— (aa) the Secretary may hold such petitions in abeyance unless ordered to take action by the United States District Court overseeing such action, if applicable; and (bb) the United States District Court overseeing such action, if applicable, may enter an order extending any deadlines applicable under this paragraph and to prevent age-out of derivative beneficiaries; (II) the alien investor may— (aa) petition to amend the alien’s underlying petition for classification under section 203(b)(5)(E) or the petition for removal of conditions described in section 216A(c), including amendments to the business plan, without such facts underlying the amendment being deemed a material change; and (bb) retain the immigrant visa priority date related to the original petition