The capital must remain at risk through the two-year conditional residence period, ending with removal of conditions through Form I-829. The filing must show that at least ten qualifying full-time jobs were created or can be expected within a reasonable time; there is no general rule that every new job must remain filled for the entire conditional period.
The obligation runs past the green card
Hypothetical example: Conditional permanent residence lasts two years, and Form I-829 must show that the capital stayed invested through that period and that at least ten qualifying full-time jobs were created or can be expected within a reasonable time. A brief hiring spike unsupported by the real operation may undermine the evidence, but ordinary employee turnover or a later vacancy does not by itself create a separate statutory failure to sustain each new job for two years. The distinct job-maintenance test applies when an investor relies on preserving jobs in a qualifying troubled business. Planning should still use a credible, durable payroll because the business and job-creation evidence must withstand review, but it should not be described as a rule the statute does not impose.
Maintain records while the enterprise operates, because the later condition-removal filing depends on facts that arise after the initial petition. Hypothetical example: An indoor-climbing gym opens slowly and fills its staff positions in stages. The investor should preserve payroll, tax and business records showing when qualifying jobs were created and maintained, as well as proof that capital remained exposed to business risk. A later filing cannot rely solely on the original forecast when actual operations tell a different story.
Review the operating record regularly during conditional residence. If hiring or capital deployment diverges from the plan, preserve the business reason and supporting documents.