Canadian Snowbird Visa Act (H.R. 3070): status and impact for Canadians

Origin and history of the bill

The idea of extending Canadian snowbird stays has cycled through Congress for over a decade. Per GovTrack, the "Canadian Snowbird Visa Act" or its variants have been introduced in at least 2016, 2017, 2019, 2021, 2023, and 2025. None has cleared committee.

The driving rationale: the Canadian Snowbird Association estimates roughly 1 million Canadians winter in the U.S. South (Florida, Arizona, Texas, California). These stays are estimated to inject several billion USD into those state economies (housing, restaurants, private healthcare, golf, retail).

Politically, the bill enjoys bipartisan support from snowbird-friendly states: New York (border), Florida, and Arizona (destinations).

Content of the 2025 version (H.R. 3070)

The bill, introduced April 29, 2025, amends INA §214 (8 U.S.C. §1184) to add a Canadian-snowbird-specific visitor category. Main conditions (subject to final text):

• Canadian citizen by birth or naturalization.
• Minimum age 50 at entry.
• Maintain residence in Canada (principal residence must remain Canadian).
• Own or lease a residence in the U.S. (purchase, condo, or long-term lease).
• No paid employment in the U.S.
• No public benefits (Medicare, Medicaid, food stamps, public housing).
• Maximum stay: 240 days per 365, replacing the 182-day B-1/B-2 ceiling.

The bill does not create a formal visa — it broadens the visitor exemption Canadians already enjoy. Practically, it modifies the admissible status at the POE.

Current legislative status: what actually applies

Until then, the rule for Canadians is unchanged:

• No visa required (B-1/B-2 visa-exempt status).
• Maximum admission length granted by CBP at the POE: up to 6 months (182 days) per entry — the exact length is recorded by CBP on the electronic I-94.
• No automatic extension: to stay longer, file Form I-539 before I-94 expires.
• The IRS Substantial Presence Test (SPT) is separate — the immigration limit does not change the tax threshold.

Hypothetical tax impact if the law passes

If H.R. 3070 were enacted as filed, a 240-day U.S. stay would have tax consequences independent of immigration permission:

• SPT triggered for sure. The IRS formula (current-year days + 1/3 prior-year + 1/6 two-years-ago ≥ 183) would be exceeded every year at 240 days.
• The snowbird would be a U.S. tax resident by default and would have to:
  • Either file Form 8840 (Closer Connection) to remain non-resident — only possible up to 182 days, not beyond.
  • Or file the Treaty Tie-Breaker via Form 8833 + Form 1040-NR (Article IV Canada-U.S. treaty) to remain non-resident.
• CRA would continue to tax the snowbird as a Canadian resident (U.S. law does not change Canadian residency).

Bottom line: the law would change the immigration permission but not the cross-border tax risk. Snowbirds would still need a Canada-U.S. tax specialist.

Limits and practical risks (if enacted)

• Healthcare coverage: the bill excludes Medicare/Medicaid. Snowbirds would still need provincial coverage (RAMQ/OHIP, etc.) plus private travel insurance. Beyond ~210 days outside Canada, provincial coverage may be suspended depending on the province.
• OAS / GIS: 240 days outside Canada may affect Guaranteed Income Supplement eligibility — confirm with Service Canada.
• Canadian residence: the bill requires keeping the principal residence in Canada, so snowbirds who sold their Canadian home would lose eligibility.
• No U.S. employment: excludes paid telework for any employer (even Canadian) from U.S. soil under a cautious reading — caselaw is not yet developed.

Existing alternatives to stay longer

Without H.R. 3070 or an equivalent, Canadians wanting to stay beyond 6 months can consider:

• Form I-539 (B-2 extension) — up to 6 additional months, with justification (e.g., medical care). Approvals rare for simple comfort.
• E-2 (Treaty Investor) visa — invest USD $100K+ in an active U.S. business. Renewable indefinitely.
• O-1 visa — extraordinary ability in arts, sciences, sports, business.
• EB-5 green card — invest USD $800K (TEA) or $1.05M (non-TEA).
• Marriage / engagement with a U.S. citizen — K-1 or CR-1/IR-1.
• Exit and re-enter — common "border-runs," but CBP scrutinizes back-to-back entries and can refuse if the pattern looks like de-facto residence.

How to track the bill

Official ways to follow progress:

• Congress.gov — official H.R. 3070 page (status, votes, amendments).
• Canadian Snowbird Association (snowbirds.org) — regular releases from the lobbying group.
• CBP Travel — any actual change to admission rules will appear here.

If the law is enacted, CanadaFlorida will update this article and publish a new guide on the application modalities.

Official forms (always use the latest edition)

• Congress.gov — H.R. 3070, 119th Congress (Canadian Snowbird Act, 2025)
• Canadian Snowbird Association — bill page
• Form I-539 — Application to Extend/Change Nonimmigrant Status
• CBP — Apply for I-94 admission
• IRS Form 8840 — Closer Connection Exception