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Amends subparagraph (B) of 26 U.S.C. §7701(b)(1) by inserting additional text after an unspecified location (the text to be inserted is not provided in this section).
Adds a new subsection (s) to 8 U.S.C. 1184 (Section 214 of the Immigration and Nationality Act) establishing a 'Canadian retirees' nonimmigrant admission category with eligibility criteria, spouse admission, rules on immigrant intent, limits on period of admission, employment/benefit restrictions, and discretionary admission authority vested in the Secretary of Homeland Security.
Creates a new B-visitor pathway that lets certain older Canadian citizens live in the United States for limited periods as "Canadian retirees" if they meet age, residence, property/rental, admissibility, work and benefit restrictions, and allows spouses similar entry; it also makes admission decisions discretionary and unreviewable by courts. Separately, it changes the Internal Revenue Code’s rules for determining nonresident alien tax status by inserting new text into the statutory test (the precise tax text was not provided).
Adds a new subsection titled “(s) Canadian retirees” to Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184).
The Secretary of Homeland Security may admit an alien as a visitor under section 101(a)(15)(B) if the alien satisfies the listed conditions.
The alien must be a citizen of Canada.
The alien must be at least 50 years of age.
The alien must maintain a residence in Canada.
Who is affected and how:
Canadian retirees who meet the bill’s age, residence, and U.S. property/rental requirements: They would gain a new, temporary way to live in the U.S. for extended but limited periods (up to 240 days per 365-day year) without immigrating permanently. They must remain otherwise admissible, cannot engage in U.S. employment, and must avoid most federal means-tested benefits.
Spouses of qualifying Canadians: Eligible spouses could enter under similar rules, enabling family stays under the same limits and restrictions.
U.S. homeowners/property markets and rental markets: The requirement that applicants have U.S. property or long-term rental arrangements can increase demand for certain housing types used by this population and could affect short- and long-term rental markets in popular destinations.
Department of Homeland Security and border/enforcement officials: DHS will need to create screening and adjudication processes, monitor aggregate days of stay, and enforce work and benefit restrictions; the provision also reduces DHS’s exposure to judicial challenge on individual admissions decisions.
Immigration attorneys and advocates: Reduced judicial review narrows legal remedies for applicants denied admission and may shift disputes toward administrative processes.
Nonresident aliens and tax advisers / the IRS: The amendment to the test for nonresident-alien tax status alters how residency for tax purposes is determined; tax preparers, employers, and affected individuals will need guidance once the exact tax-language insertion is released. Without the inserted text, the scope (who becomes a resident or nonresident for tax purposes) and resulting tax liabilities remain uncertain.
Social safety net and benefit administrators: Because the bill limits access to means-tested federal benefits for admitted retirees, agencies may need to coordinate or update guidance on eligibility and enforcement.
Overall effect: The immigration provision creates a targeted, administrative pathway for older Canadian residents to spend extended time in the U.S. subject to strict limits and discretionary admission; the tax amendment could have broad implications for nonresident residency determinations but cannot be fully evaluated until the new tax text is provided. Administrative burdens fall primarily on DHS and the IRS for rulemaking, guidance, and enforcement.
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Read twice and referred to the Committee on Finance.
Introduced July 23, 2025 by Richard Lynn Scott · Last progress July 23, 2025
Read twice and referred to the Committee on Finance.
Introduced in Senate