S. 2406: Canadian Snowbirds Act of 2025

The Canadian Snowbirds Act of 2025 is a proposed piece of legislation that aims to amend the Immigration and Nationality Act to allow Canadian retirees to stay in the United States as long-term visitors. Below are the key provisions of the bill:

Admission of Canadian Retirees

The bill authorizes the Secretary of Homeland Security to admit Canadian citizens aged 50 and older as visitors. To be eligible, they must meet several requirements:

• Be a citizen of Canada.
• Be at least 50 years old.
• Maintain a residence in Canada.
• Either own a residence in the United States or have a rental agreement for the duration of their stay.
• Not be inadmissible or deportable under existing immigration laws.
• Not engage in any employment in the U.S. except under specific conditions related to their Canadian jobs.
• Not seek assistance or benefits from the U.S. government.

Spousal Admission

The spouse of a qualifying Canadian retiree can also be admitted under the same conditions described in the bill.

Immigrant Intent

When determining eligibility for admission, having a residence in the U.S. will not be viewed as evidence that the retiree intends to abandon their Canadian residence.

Duration of Stay

Canadian retirees can be admitted for a maximum of 240 days within any 365-day period. Time spent outside of the U.S. during this period will not count against the duration of admission.

Discretionary Authority

The Secretary of Homeland Security has the authority to approve or deny admission requests at their discretion, and such decisions are not subject to review under immigration law.

Tax Status for Nonresident Aliens

The bill also modifies the U.S. tax code to specify that Canadian citizens qualifying under this act will be considered nonresident aliens for tax purposes. This means they won't be taxed in the same way as U.S. residents during their stay as long-term visitors.

Relevant Companies

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