Protecting America and American Workers Act

Summary: Protecting America and American Workers Act This bill amends the Immigration and Nationality Act to eliminate the diversity immigrant program effective on the first day of the first fiscal year after the date on which the Department of State and the Department of Homeland Security jointly determine that such immigrant visas are no longer necessary to offset certain status adjustments under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Until such time and effective on October 1, 2018, the annual number of diversity program visas is reduced from 55,000 to 5,000. Beginning in FY2019, 8,000 of such former diversity visas shall be allocated annually to each of three employment-based immigrant categories for a total of 24,000 additional visas each year.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting America and American 
Workers Act''.

SEC. 2. REDUCTION OF DIVERSITY VISAS TO LEVEL NECESSARY FOR NACARA; 
              PARTIAL REALLOCATION OF VISAS TO BENEFIT CERTAIN 
              EMPLOYMENT-BASED IMMIGRANTS.

    (a) Reduction of Diversity Visas To Level for NACARA.--
            (1) In general.--Section 201(e) of the Immigration and 
        Nationality Act (8 U.S.C. 1151(e)) is amended by striking 
        ``55,000'' and inserting ``5,000''.
            (2) Effective date; sunset.--The amendment made by 
        paragraph (1) shall take effect on October 1, 2018, and shall 
        cease to be effective on the effective date described in 
        section 3(d)(2).
    (b) Partial Reallocation of Visas To Benefit Certain Employment-
Based Immigrants.--
            (1) Worldwide level of immigration.--Section 201(d) of the 
        Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended 
        by adding at the end the following:
    ``(3) Beginning with fiscal year 2019, in addition to the worldwide 
level of employment-based immigrants computed under paragraphs (1) and 
(2), there shall be available for issuance in each fiscal year--
            ``(A) 8,000 visas, to be allotted to qualified immigrants 
        who are the beneficiary of a petition approved under 
        subparagraph (E) or (F) of section 204(a)(1) for classification 
        under section 203(b)(1);
            ``(B) 8,000 visas, to be allotted to qualified immigrants 
        who are the beneficiary of a petition approved under section 
        204(a)(1)(F) for classification under section 203(b)(2); and
            ``(C) 8,000 visas, to be allotted to qualified immigrants 
        who are the beneficiary of a petition approved under section 
        204(a)(1)(F) for classification under section 203(b)(3).''.
            (2) Allocation of immigrant visas.--Section 203(b) of such 
        Act (8 U.S.C. 1153(b)) is amended--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by inserting ``, and plus the number 
                of visas specified in section 201(d)(3)(A),'' after 
                ``(4) and (5),'';
                    (B) in paragraph (2)(A), by inserting ``, and plus 
                the number of visas specified in section 
                201(d)(3)(B),'' after ``(1),''; and
                    (C) in paragraph (3)(A), in the matter preceding 
                clause (i), by inserting ``, and plus the number of 
                visas specified in section 201(d)(3)(C),'' after ``(1) 
                and (2),''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on October 1, 2018.

SEC. 3. ELIMINATION OF DIVERSITY IMMIGRANT PROGRAM.

    (a) Worldwide Level of Immigration.--Section 201 of the Immigration 
and Nationality Act (8 U.S.C. 1151) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``and'' at the end of paragraph 
                (1);
                    (B) by striking ``; and'' at the end of paragraph 
                (2) and inserting a period; and
                    (C) by striking paragraph (3); and
            (2) by striking subsection (e).
    (b) Allocation of Immigrant Visas.--Section 203 of such Act (8 
U.S.C. 1153) is amended--
            (1) by striking subsection (c);
            (2) in subsection (d), by striking ``(a), (b), or (c),'' 
        and inserting ``(a) or (b),'';
            (3) in subsection (e), by striking paragraph (2) and 
        redesignating paragraph (3) as paragraph (2);
            (4) in subsection (f), by striking ``(a), (b), or (c)'' and 
        inserting ``(a) or (b)''; and
            (5) in subsection (g), by striking ``(a), (b), and (c)'' 
        and inserting ``(a) and (b)''.
    (c) Procedure for Granting Immigrant Status.--Section 204 of such 
Act (8 U.S.C. 1154) is amended--
            (1) by striking subsection (a)(1)(I); and
            (2) in subsection (e), by striking ``(a), (b), or (c)'' and 
        inserting ``(a) or (b)''.
    (d) Effective Date.--
            (1) Determination.--The Secretary of State and the 
        Secretary of Homeland Security shall jointly determine when 
        visa numbers made available under section 201(e) of the 
        Immigration and Nationality Act (8 U.S.C. 1151(e)) (relating to 
        the worldwide level of diversity immigrants) are no longer 
        necessary to offset adjustments of status under section 309 of 
        the Illegal Immigration Reform and Immigrant Responsibility (8 
        U.S.C. 1101 note), as required by section 203(d) of the 
        Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 
        1151 note). Such Secretaries shall publish a notice in the 
        Federal Register of such determination.
            (2) Amendments.--The amendments made by this section shall 
        take effect on the first day of the first fiscal year that 
        begins after the date on which the determination under 
        paragraph (1) is published in the Federal Register.