[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4856 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4856
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
July 29, 2021
Ms. Stefanik (for herself, Mr. Welch, Mr. Bergman, Mr. Foster, Mr.
Waltz, Mr. Deutch, Mr. Rice of South Carolina, Mr. Buck, Mr.
Schweikert, Mr. Carter of Georgia, and Mr. Mast) 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 provisions 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Canadian Snowbird Visa Act''.
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 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) 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
``(H) will not seek any form of assistance or
benefit described in section 403(a) of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1613(a)).
``(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 of
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 as a visitor for pleasure
described in section 101(a)(15)(B) pursuant to this subsection
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.''.
SEC. 3. NONRESIDENT ALIEN TAX STATUS.
Subparagraph (B) of section 7701(b)(1) of the Internal Revenue
Code of 1986 is amended by inserting ``, or, notwithstanding
subparagraph (A)(ii), is a Canadian citizen described in section 214(s)
of the Immigration and Nationality Act (8 U.S.C. 1184(s))'' after
``(within the meaning of subparagraph (A))''.
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