Section 1 Short title
This Act may be cited as the “Protecting America and American Workers Act”.
Protecting America and American Workers Act
A BILL
To amend the Immigration and Nationality Act to eliminate the diversity immigrant program, and for other purposes.
Sec. 2 Reduction of diversity visas to level necessary for NACARA; partial reallocation of visas to benefit certain employment-based immigrants
Reduction of diversity visas To level for NACARA—
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”.
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).
Partial reallocation of visas To benefit certain employment-Based immigrants—
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).”
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),”;
in paragraph (2)(A), by inserting “, and plus the number of visas specified in section 201(d)(3)(B),” after “(1),”; and
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),”.
Effective date— The amendments made by this subsection shall take effect on October 1, 2018.
Sec. 3 Elimination of diversity immigrant program
Worldwide level of immigration— Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended—
in subsection (a)—
by inserting “and” at the end of paragraph (1);
by striking “; and” at the end of paragraph (2) and inserting a period; and
by striking paragraph (3); and
by striking subsection (e).
by striking subsection (c);
in subsection (d), by striking “(a), (b), or (c),” and inserting “(a) or (b),”;
in subsection (e), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2);
in subsection (f), by striking “(a), (b), or (c)” and inserting “(a) or (b)”; and
in subsection (g), by striking “(a), (b), and (c)” and inserting “(a) and (b)”.
by striking subsection (a)(1)(I); and
in subsection (e), by striking “(a), (b), or (c)” and inserting “(a) or (b)”.
Effective date—
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.
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.