The initial conditional permanent residency is granted for a two year period. During this two year conditional permanent residency period if the EB-5 business fails and required jobs are not created then the USCIS may not approve the I-829 petition. On this basis you may loose your opportunity to retain permanent residency. However, based upon current EB-5 policies, if their is proof that there will be substantial compliance that the required jobs will be created within12 months then the I-829 could be approved and unconditional permanent residency will be obtained. Once the unconditional permanent residency is obtained, and subsequently the EB-5 business fails then the investor will still be able to keep the unconditional permanent residency.