[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 387 Introduced in Senate (IS)]

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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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Canadian Snowbirds Act of 2023''.

SEC. 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 deportable under section 237;
                    ``(G) is not otherwise 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.''.

SEC. 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)).''.
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