; 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, provided that such alien’s capital will remain invested during such time; and ; (B) in paragraph (2), by amending subparagraph (A) to read as follows: (A) Ninety-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 immediately preceding the second anniversary of the alien investor’s lawful admission for permanent residence. (ii) Exception Aliens described in subclauses (I)(bb) and (II) of section 203(b)(5)(M)(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