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INS MEMO CLARIFIES PROCEDURES FOR  REMOVAL OF CONDITIONS IN EB-5 CASES
The EB-5 permanent residency visa allows those who make a substantial business investment in the US to become permanent residents.  A minimum investment of  million is required, except in areas that have been specially designated as needing business revitalization, where an investment of 0,000 is sufficient.  Job opportunities for at least 10 US workers must be created.  For the first two years, the investor is a conditional permanent resident, and then they may file to remove the conditions. A few years ago, the INS abruptly changed the rules on financing the investment for the category.  This change led to an unsuccessful lawsuit and to the complete halt of processing applications to remove the conditions on residency. 
This memo addresses how the INS is to deal with the applications to remove conditions that are pending with the Service.  First, each office that deals with such applications is to specially train a person to deal with the applications.  Many applications to remove conditions are already pending with the INS, and in many cases these applications are based on cases that would not have been approved under the new INS financing rules.  In such cases, the INS is to provide a 90-day period in which the investor can refile the underlying application for permanent residence with the necessary corrections to the financing structure.  The application must be identical to the original except with respect to financing.  
During the time when the new permanent residence application is pending, the applicant continues in conditional permanent resident status.  If the application is approved, the person must leave the US and apply for an immigrant visa at a consulate abroad.  They will be given a two-year period of conditional permanent residence.  If the new application is denied, the application to remove conditions will also be denied, and the applicant will be placed in removal proceedings.  Such refiling is not allowed except in cases where the only reason for denial is problems with the financing structure.  
While the memo does not state it, it is clear that the reason for allowing investors with pending applications to remove conditions to refile the underlying permanent residence application is to prevent further lawsuits.