Canadian Snowbirds Act

II 117TH CONGRESS 1ST SESSION S. 2096 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 JUNE 17, 2021 Mr. RUBIO (for himself and Mr. SCOTT of Florida) 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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Canadian Snowbirds 4 Act’’. 5 VerDate Sep 11 2014 05:19 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2096.IS S2096 kjohnson on DSK79L0C42PROD with BILLS 2 •S 2096 IS SEC. 2. ADMISSION OF CANADIAN RETIREES. 1 Section 214 of the Immigration and Nationality Act 2 (8 U.S.C. 1184) is amended by adding at the end the fol- 3 lowing: 4 ‘‘(s) CANADIAN RETIREES.— 5 ‘‘(1) IN GENERAL.—The Secretary of Homeland 6 Security may admit an alien as a visitor described 7 in section 101(a)(15)(B) if the alien demonstrates, 8 to the satisfaction of the Secretary, that the alien— 9 ‘‘(A) is a citizen of Canada; 10 ‘‘(B) is at least 50 years of age; 11 ‘‘(C) maintains a residence in Canada; 12 ‘‘(D) owns a residence in the United States 13 or has signed a rental agreement for accom- 14 modations in the United States for the duration 15 of the alien’s intended stay in the United 16 States; 17 ‘‘(E) is not inadmissible under section 212; 18 ‘‘(F) is not deportable under section 237; 19 ‘‘(G) is not otherwise removable under the 20 immigration laws; 21 ‘‘(H) will not engage in employment or 22 labor for hire in the United States other than 23 employment or labor for hire for a person or 24 entity not based in the United States by whom 25 the Canadian citizen was employed in Canada 26 VerDate Sep 11 2014 05:19 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2096.IS S2096 kjohnson on DSK79L0C42PROD with BILLS 3 •S 2096 IS or for whom the Canadian citizen performed 1 services in Canada; and 2 ‘‘(I) will not seek any form of assistance, 3 benefit, or credit described in section 403(a) of 4 the Personal Responsibility and Work Oppor- 5 tunity Reconciliation Act of 1996 (8 U.S.C. 6 1613(a)) or sections 24(d), 32, 35, 36, and 36B 7 of the Internal Revenue Code of 1986. 8 ‘‘(2) SPOUSE.—The spouse of an alien de- 9 scribed in paragraph (1) may be admitted under the 10 same terms as the principal alien if the spouse satis- 11 fies the requirements under paragraph (1) (other 12 than subparagraph (D)). 13 ‘‘(3) IMMIGRANT INTENT.—In determining eli- 14 gibility for admission under this subsection, mainte- 15 nance of a residence in the United States shall not 16 be considered evidence of intent by the alien to 17 abandon the alien’s residence in Canada. 18 ‘‘(4) PERIOD OF ADMISSION.—During any sin- 19 gle 365-day period, an alien may be admitted under 20 this subsection as a visitor for pleasure described in 21 section 101(a)(15)(B) for a period not to exceed 240 22 days, beginning on the date of admission. Time 23 spent outside of the United States during such pe- 24 VerDate Sep 11 2014 05:19 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2096.IS S2096 kjohnson on DSK79L0C42PROD with BILLS 4 •S 2096 IS riod of admission shall not be counted for purposes 1 of determining the termination date of such period. 2 ‘‘(5) SECRETARY’S DISCRETION.—A decision by 3 the Secretary of Homeland Security to withhold ad- 4 mission of an alien described in paragraph (1), or to 5 withdraw an authorization of admission of such 6 alien, shall be at the Secretary’s sole and 7 unreviewable discretion under the immigration 8 laws.’’. 9 SEC. 3. NONRESIDENT ALIEN TAX STATUS. 10 Section 7701(b)(1)(B) of the Internal Revenue Code 11 of 1986 is amended to read as follows: 12 ‘‘(B) NONRESIDENT ALIEN.—An individual 13 is a nonresident alien if such individual— 14 ‘‘(i) is not a citizen of the United 15 States or a resident of the United States 16 (as defined in subparagraph (A)), or 17 ‘‘(ii) is a Canadian citizen described 18 in section 214(s) of the Immigration and 19 Nationality Act (8 U.S.C. 1184(s)).’’. 20 Æ VerDate Sep 11 2014 05:19 Jun 24, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S2096.IS S2096 kjohnson on DSK79L0C42PROD with BILLS