HR3070-119

What This Bill Does

The Canadian Snowbird Act creates a special visitor admission rule for Canadian retirees. DHS may admit a Canadian citizen as a B visitor if the person is at least 50, maintains a Canadian residence, owns a U.S. residence or has a rental agreement for the stay, is not inadmissible or deportable, will not work in the United States except for a non-U.S.-based employer or client connected to prior Canadian work, and will not seek covered federal public assistance. A spouse may be admitted on the same terms without separately needing to own or rent the U.S. residence. Maintaining a U.S. residence cannot be treated as evidence that the person intends to abandon Canadian residence. The visitor period can last up to 240 days in a single 365-day period, and time outside the United States during that admission does not count toward the termination date. The bill also amends the Internal Revenue Code so a Canadian citizen admitted under the new rule is not treated as a U.S. resident under the substantial-presence test for nonresident alien tax status.

Who Benefits and How

Canadian citizens age 50 or older benefit from a longer, clearer visitor pathway for seasonal stays in the United States. Canadian spouses benefit because they can be admitted on the same terms without separately satisfying the U.S. residence or rental condition. U.S. tourism businesses benefit from longer seasonal stays by Canadian retirees. U.S. housing owners and rental markets benefit when Canadian snowbirds buy or rent accommodations for extended stays. Canadian retirees with remote Canadian work benefit from a narrow ability to keep working for non-U.S.-based employers or clients.

Who Bears the Burden and How

DHS admission officers must verify age, citizenship, Canadian residence, U.S. residence or rental arrangements, admissibility, work limits, and public-benefit restrictions. IRS administrators must apply the nonresident alien tax rule for qualifying Canadian snowbirds. U.S. public benefit administrators benefit from a statutory bar on covered assistance but may need to verify eligibility if questions arise. Canadian visitors who want U.S.-based employment remain barred from labor for hire in the United States.

Key Provisions

• Creates a B visitor admission rule for qualifying Canadian citizens age 50 or older.
• Allows admission for up to 240 days in a single 365-day period.
• Allows qualifying spouses to be admitted on the same terms.
• Bars U.S.-based employment and covered public assistance during the stay.
• Provides nonresident alien tax treatment notwithstanding the substantial-presence test.