Canadian Snowbird Visa Act

I 116TH CONGRESS 1ST SESSION H. R. 3241 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 HOUSE OF REPRESENTATIVES JUNE 12, 2019 Ms. STEFANIK (for herself and Mr. DEUTCH) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provi- sions as fall within the jurisdiction of the committee concerned 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 Snowbird 4 Visa Act’’. 5 VerDate Sep 11 2014 21:39 Jun 17, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3241.IH H3241 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3241 IH 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 stay in the United States; 16 ‘‘(E) is not inadmissible under section 212; 17 ‘‘(F) is not described in any ground of de- 18 portability under section 237; 19 ‘‘(G) will not engage in employment or 20 labor for hire in the United States other than 21 employment or labor for hire for a person or 22 entity not based in the United States by whom 23 the Canadian citizen was employed in Canada 24 or for whom the Canadian citizen performed 25 services in Canada; and 26 VerDate Sep 11 2014 21:39 Jun 17, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3241.IH H3241 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3241 IH ‘‘(H) will not seek any form of assistance 1 or benefit described in section 403(a) of the 2 Personal Responsibility and Work Opportunity 3 Reconciliation Act of 1996 (8 U.S.C. 1613(a)). 4 ‘‘(2) SPOUSE.—The spouse of an alien de- 5 scribed in paragraph (1) may be admitted under the 6 same terms as the principal alien if the spouse satis- 7 fies the requirements of paragraph (1), other than 8 subparagraph (D). 9 ‘‘(3) IMMIGRANT INTENT.—In determining eli- 10 gibility for admission under this subsection, mainte- 11 nance of a residence in the United States shall not 12 be considered evidence of intent by the alien to 13 abandon the alien’s residence in Canada. 14 ‘‘(4) PERIOD OF ADMISSION.—During any sin- 15 gle 365-day period, an alien may be admitted as a 16 visitor for pleasure described in section 17 101(a)(15)(B) pursuant to this subsection for a pe- 18 riod not to exceed 240 days, beginning on the date 19 of admission. Time spent outside of the United 20 States during such period of admission shall not be 21 counted for purposes of determining the termination 22 date of such period.’’. 23 VerDate Sep 11 2014 21:39 Jun 17, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3241.IH H3241 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 3241 IH SEC. 3. NONRESIDENT ALIEN TAX STATUS. 1 Subparagraph (1)(B) of section 7701(b) of the Inter- 2 nal Revenue Code of 1986 is amended by inserting ‘‘, or 3 is a Canadian citizen described in section 214(s) of the 4 Immigration and Nationality Act (8 U.S.C. 1184(s))’’ 5 after ‘‘(within the meaning of subparagraph (A))’’. 6 Æ VerDate Sep 11 2014 21:39 Jun 17, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H3241.IH H3241 pamtmann on DSKBFK8HB2PROD with BILLS