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S. 2507: Canadian Snowbirds Act


The text of the bill below is as of Sep 18, 2019 (Introduced).

Summary of this bill

How long should Canadian residents be allowed to stay in the U.S. at a stretch?

Context

Last year, Canada accounted for 21.5 million visitors to the U.S., or more than a quarter of all American tourists. Many of them are retirees looking to escape their comparatively colder home country for a more hospitable southern climate, for months at a time during the winter.

Currently, Canadian citizens can stay in the U.S. for six months in a year without a visa, meaning using only their passport.

What the legislation does

The Canadian Snowbirds Act, also known as the Canadian Snowbirds Visa Act, would allow residents of the ...


II

116th CONGRESS

1st Session

S. 2507

IN THE SENATE OF THE UNITED STATES

September 18, 2019

(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.

1.

Short title

This Act may be cited as the Canadian Snowbirds Act.

2.

Admission of Canadian retirees

Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following:

(s)

Canadian retirees

(1)

In general

The Secretary of Homeland Security may admit an alien as a visitor described in section 101(a)(15)(B) if the alien demonstrates, to the satisfaction of the Secretary, that the alien—

(A)

is a citizen of Canada;

(B)

is at least 50 years of age;

(C)

maintains a residence in Canada;

(D)

owns a residence in the United States or has signed a rental agreement for accommodations in the United States for the duration of the alien’s intended stay in the United States;

(E)

is not inadmissible under section 212;

(F)

is not described in any ground of deportability under section 237;

(G)

is not otherwise inadmissible or removable under the immigration laws;

(H)

will not engage in employment or labor for hire in the United States other than employment or labor for hire for a person or entity not based in the United States by whom the Canadian citizen was employed in Canada or for whom the Canadian citizen performed services in Canada; and

(I)

will not seek any form of assistance, benefit, or credit described in section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(a)) or sections 24(d), 32, 35, 36, and 36B of the Internal Revenue Code of 1986.

(2)

Spouse

The spouse of an alien described in paragraph (1) may be admitted under the same terms as the principal alien if the spouse satisfies the requirements under paragraph (1) (other than subparagraph (D)).

(3)

Immigrant intent

In determining eligibility for admission under this subsection, maintenance of a residence in the United States shall not be considered evidence of intent by the alien to abandon the alien’s residence in Canada.

(4)

Period of admission

During any single 365-day period, an alien may be admitted under this subsection as a visitor for pleasure described in section 101(a)(15)(B) for a period not to exceed 240 days, beginning on the date of admission. Time spent outside of the United States during such period of admission shall not be counted for purposes of determining the termination date of such period.

(5)

Secretary’s discretion

A decision by the Secretary of Homeland Security to withhold admission of an alien described in paragraph (1), or to withdraw an authorization of admission of such alien, shall be at the Secretary’s sole and un­re­view­able discretion under the immigration laws.

.

3.

Nonresident alien tax status

Section 7701(b)(1)(B) of the Internal Revenue Code of 1986 is amended to read as follows:

(B)

Nonresident alien

An individual is a nonresident alien if such individual—

(i)

is not a citizen of the United States or a resident of the United States (as defined in subparagraph (A)), or

(ii)

is a Canadian citizen described in section 214(s) of the Immigration and Nationality Act (8 U.S.C. 1184(s)).

.