; (B) an alien who is lawfully admitted for permanent residence, is admitted as a refugee under section 207, is granted asylum under section 208, or is an immigrant otherwise authorized to be employed in the United States; (C) an alien granted certified agricultural worker status under title I of the Farm Workforce Modernization Act of 2023; or (D) an individual who is not an unauthorized alien (as defined in section 274A(h)(3)) with respect to the employment in which the worker is engaging. (o) Fees; authorization of appropriations (1) Fees (A) In general The Secretary of Homeland Security shall impose a fee to process petitions under this section. Such fee shall be set at a level that is sufficient to recover the reasonable costs of processing the petition, including the reasonable costs of providing labor certification by the Secretary of Labor. (B) Distribution Fees collected under subparagraph (A) shall be deposited as offsetting receipts into the immigration examinations fee account in section 286(m), except that the portion of fees assessed for the Secretary of Labor shall be deposited into the H–2A Labor Certification Fee Account established pursuant to section 203(c) of the Farm Workforce Modernization Act of 2023. (2) Appropriations There are authorized to be appropriated for each fiscal year such sums as necessary for the purposes of— (A) recruiting United States workers for labor or services which might otherwise be performed by H–2A workers, including by ensuring that State workforce agencies are sufficiently funded to fulfill their functions under this section; (B) enabling the Secretary of Labor to make determinations and certifications under this section and under section 212(a)(5)(A)(i); (C) monitoring the terms and conditions under which H–2A workers (and United States workers employed by the same employers) are employed in the United States