Government Relations Report Johanne Blain First Vice-President As of April 11, 2025, all Canadians who are 14 years of age and older – and who have not been issued an electronic Form I-94 – will be required to register with the federal government when visiting in the U.S. for 30 days or longer. A Form I-94 is an official Arrival/Departure Record issued by U.S. Customs and Border Protection (CBP) that records the arrival and departure dates of non-U.S. citizens visiting the United States. It serves as proof of legal entry into the U.S. and outlines how long a visitor is authorized to stay. Since 2013, the Form I-94 has been issued electronically. For Canadian citizens entering the U.S., the Form I-94 process differs based on entry method: those arriving by air or sea typically receive an electronic Form I-94 automatically; while those entering by land may or may not be issued an electronic Form I-94. Due to this difference in entry method, thousands of Canadian travellers who enter the United States for extended stays of 30 days or longer, through a land port of entry, may be required to register with United States Citizenship and Immigration Services (USCIS). When entering at a land port of entry, snowbirds staying in the United States for 30 days or longer may request that a Form I-94 be issued from the U.S. CBP officer processing their admission. Snowbirds are advised to check to see if they were issued an electronic Form I-94 upon entry to the United States. This can be done by visiting i94.cbp.dhs.gov. If your latest entry appears, there is no further action required on your part. An electronic I-94 means that you have already registered with the federal government. Canadian snowbirds will need to print their latest I-94 and carry it with them as proof of registration and legal entry into the United States. If an electronic Form I-94 was not issued for your latest entry, you will be required to submit Form G-325R to USCIS at my.uscis.gov. Following submission of the form, you will receive a receipt from USCIS, which you need to print and carry with you. Implementing a registration requirement for Canadian visitors will impact tourism to the United States. Canada is the largest international tourism market in the United States, with annual spending in excess of US$20 billion. In Florida, Canadians represent almost 40 per cent of all foreign visitors to the state. Many local economies in the U.S. Sunbelt are reliant on Canadian visitors and the tourism dollars we bring. The U.S. Travel Association estimates that even a 10 per cent reduction in Canadian visitation could mean two million fewer visits, $2.1 billion in lost spending and 14,000 job losses. We can already see the effect that these policies are having on cross-border travel. According to CBP data, during March 2025, more than 860,000 fewer travellers crossed into the United States by land and air from Canada, when compared to March of last year – a decrease of more than 17 per cent. The registration requirement is a step backward in Canada-U.S. relations. There is no reciprocal registration required of American citizens temporarily visiting Canada for vacation purposes, regardless of their authorized length of stay. This policy establishes an unprecedented registration requirement on Canadian tourists who may be subject to civil and criminal penalties if they do not register with USCIS in a timely manner. The CSA’s official public comment to the USCIS registration requirement has been published on our website, www.snowbirds.org, under the News Release section. CSA officials continue to work with federal officials and Congressional representatives in an effort to have Canadian citizens exempted from this unnecessary requirement. Updates on our advocacy work will be sent out to CSA members as soon as new information is available. Snowbirds are also reminded of their filing obligations with the Internal Revenue Service (IRS). Under U.S. tax law, any foreign visitor to the United States who meets the substantial presence test can be treated as a U.S. resident for tax purposes. As a Canadian visitor to the United States, if you generally spend four months or longer stateside annually, the Canadian Snowbird Association (CSA) strongly recommends that you complete and file the 8840 Form each year in a timely manner. Please note that you will need to complete one form per person and ensure that it reaches the IRS by the June 15 deadline. You are eligible to file the 8840 Form as long as you do not exceed 182 days of physical presence in the United States in a single calendar year. Filing the 8840 Form is an easy way to protect yourself by ensuring that you are compliant with U.S. tax law. Make sure that you keep a copy of your 8840 Form for your files, prior to submitting it to the IRS. As part of the CSA renewal package, we have included two copies of IRS Form 8840 – the Closer Connection Exception Statement for Aliens – for your convenience, as well as detailed information in our newsletter regarding completion of this form. CSANews | SPRING 2025 | 11
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