Protecting America and American Workers Act

To amend the Immigration and Nationality Act to eliminate the diversity immigrant program, and for other purposes. 1. Short title This Act may be cited as the Protecting America and American Workers Act 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) 55,000 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) (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) (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), (4) and (5), (B) in paragraph (2)(A), by inserting , and plus the number of visas specified in section 201(d)(3)(B), (1), (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), (1) and (2), (3) Effective date The amendments made by this subsection shall take effect on October 1, 2018. 3. Elimination of diversity immigrant program (a) Worldwide level of immigration Section 201 of the Immigration and Nationality Act 8 U.S.C. 1151 (1) in subsection (a)— (A) by inserting and (B) by striking ; 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 (1) by striking subsection (c); (2) in subsection (d), by striking (a), (b), or (c), (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) (a) or (b) (5) in subsection (g), by striking (a), (b), and (c) (a) and (b) (c) Procedure for granting immigrant status Section 204 of such Act ( 8 U.S.C. 1154 (1) by striking subsection (a)(1)(I); and (2) in subsection (e), by striking (a), (b), or (c) (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) 8 U.S.C. 1101 8 U.S.C. 1151 (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.

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.