What This Bill Does
This bill allows the Secretary of Homeland Security to admit Canadian retirees as long-term visitors to the United States. The bill changes immigration law to let Canadian citizens age 50 and older stay in the US for extended periods while maintaining their Canadian residences.
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Who It Affects
* Canadian citizens age 50 and older
* Spouses of eligible Canadian retirees
* The Secretary of Homeland Security
* The Internal Revenue Service
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Key Provisions
* Canadian citizens must be at least 50 years old, maintain a residence in Canada, and own or rent a US residence to qualify as long-term visitors (Sec. 2)
* Eligible Canadian retirees cannot work in the US except for their original Canadian employer or employer for whom they performed work in Canada (Sec. 2)
* Eligible Canadian retirees cannot receive certain government assistance, benefits, or tax credits while visiting (Sec. 2)
* During any 365-day period, an eligible Canadian can stay in the US for no more than 240 days, with time spent outside the US not counting toward this limit (Sec. 2)
* The Secretary of Homeland Security has sole and unreviewable discretion to deny or withdraw admission for any eligible Canadian (Sec. 2)
* Eligible Canadian retirees keep nonresident alien tax status for federal income tax purposes (Sec. 3)
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What Changes
The immigration law will now have a new category allowing Canadian citizens meeting specific requirements to stay in the United States as visitors for pleasure for up to 240 days per year. Federal tax law will clarify that these Canadian visitors maintain nonresident alien status.
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Important Definitions
* **Long-term visitors for pleasure**: People visiting the US without intending to work or immigrate, as defined elsewhere in immigration law
* **Nonresident alien**: A person who is not a US citizen and does not meet residency requirements
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Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 387
To amend the Immigration and Nationality Act to authorize admission of
Canadian retirees as long-term visitors for pleasure described in section
101(a)(15)(B) of such Act, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 9, 2023
Mr. RUBIO (for himself, Mr. SCOTT of Florida, Ms. SINEMA, and Mr. KELLY)
introduced the following bill; which was read twice and referred to the
Committee on Finance
A BILL
To amend the Immigration and Nationality Act to authorize
admission of Canadian retirees as long-term visitors for
pleasure described in section 101(a)(15)(B) of such Act,
and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Canadian Snowbirds
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Act of 2023’’.
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•S 387 IS
SEC. 2. ADMISSION OF CANADIAN RETIREES.
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Section 214 of the Immigration and Nationality Act
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(8 U.S.C. 1184) is amended by adding at the end the fol-
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lowing:
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‘‘(s) CANADIAN RETIREES.—
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‘‘(1) IN GENERAL.—The Secretary of Homeland
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Security may admit an alien as a visitor described
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in section 101(a)(15)(B) if the alien demonstrates,
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to the satisfaction of the Secretary, that the alien—
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‘‘(A) is a citizen of Canada;
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‘‘(B) is at least 50 years of age;
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‘‘(C) maintains a residence in Canada;
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‘‘(D) owns a residence in the United States
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or has signed a rental agreement for accom-
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modations in the United States for the duration
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of the alien’s intended stay in the United
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States;
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‘‘(E) is not inadmissible under section 212;
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‘‘(F) is not deportable under section 237;
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‘‘(G) is not otherwise removable under the
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immigration laws;
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‘‘(H) will not engage in employment or
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labor for hire in the United States other than
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employment or labor for hire for a person or
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entity not based in the United States by whom
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the Canadian citizen was employed in Canada
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•S 387 IS
or for whom the Canadian citizen performed
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services in Canada; and
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‘‘(I) will not seek any form of assistance,
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benefit, or credit described in section 403(a) of
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the Personal Responsibility and Work Oppor-
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tunity Reconciliation Act of 1996 (8 U.S.C.
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1613(a)) or sections 24(d), 32, 35, 36, and 36B
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of the Internal Revenue Code of 1986.
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‘‘(2) SPOUSE.—The spouse of an alien de-
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scribed in paragraph (1) may be admitted under the
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same terms as the principal alien if the spouse satis-
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fies the requirements under paragraph (1) (other
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than subparagraph (D)).
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‘‘(3) IMMIGRANT INTENT.—In determining eli-
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gibility for admission under this subsection, mainte-
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nance of a residence in the United States shall not
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be considered evidence of intent by the alien to
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abandon the alien’s residence in Canada.
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‘‘(4) PERIOD OF ADMISSION.—During any sin-
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gle 365-day period, an alien may be admitted under
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this subsection as a visitor for pleasure described in
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section 101(a)(15)(B) for a period not to exceed 240
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days, beginning on the date of admission. Time
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spent outside of the United States during such pe-
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•S 387 IS
riod of admission shall not be counted for purposes
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of determining the termination date of such period.
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‘‘(5) SECRETARY’S DISCRETION.—A decision by
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the Secretary of Homeland Security to withhold ad-
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mission of an alien described in paragraph (1), or to
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withdraw an authorization of admission of such
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alien, shall be at the Secretary’s sole and
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unreviewable discretion under the immigration
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laws.’’.
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SEC. 3. NONRESIDENT ALIEN TAX STATUS.
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Section 7701(b)(1)(B) of the Internal Revenue Code
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of 1986 is amended to read as follows:
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‘‘(B) NONRESIDENT ALIEN.—An individual
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is a nonresident alien if such individual—
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‘‘(i) is not a citizen of the United
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States or a resident of the United States
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(as defined in subparagraph (A)), or
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‘‘(ii) is a Canadian citizen described
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in section 214(s) of the Immigration and
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Nationality Act (8 U.S.C. 1184(s)).’’.
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Æ
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