; or (ii) (I) such petition has been approved; (II) 3 years or more have elapsed since the petition was filed; and (III) an immigrant visa is not immediately available to the alien because the total number of visas issued under section 203(b)(5) has reached the maximum number of visas that may be made available to immigrants of the State or area under section 203(b). . (b) Employment authorization for alien investors (1) In general The Secretary of Homeland Security may— (A) authorize any alien described in section 212(d)(5)(B) of the Immigration and Nationality Act, as added by subsection (a), to engage in employment in the United States; and (B) provide the alien referred to in subparagraph (A) with appropriate endorsement of the authorization under such subparagraph. (2) Fees (A) In general The Secretary may assess a fee for providing an employment authorization endorsement under paragraph (1) in an amount equal to not more than the average cost incurred by the Secretary in adjudicating applications for such endorsement. The Secretary may provide for the payment of such fees by installments. (B) Savings provision Nothing in this paragraph may be construed— (i) to require the Secretary to charge fees for adjudication services provided to alien investors; or (ii) to limit the authority of the Secretary to set adjudication and naturalization fees.