PRIA Logo™
Title 8 — Aliens and NationalityRelease 119-73not60

§1353a Officers and Employees; Overtime Services; Extra Compensation; Length of Working Day

Title 8 › Chapter 12— IMMIGRATION AND NATIONALITY › Subchapter II— IMMIGRATION › Part IX— Miscellaneous › § 1353a

Last updated Apr 3, 2026|Official source

Summary

The Attorney General must set extra pay for immigration officers and Immigration and Naturalization Service employees who must stay on duty between 5:00 PM and 8:00 AM, or on Sundays or holidays, to check and process passengers and crews arriving from foreign ports. For overtime after 5:00 PM, they get one-half day's extra pay for each two-hour period, or any part of that period that is at least one hour, up to a maximum of two and one‑half days' pay for the full 5:00 PM–8:00 AM stretch. Sunday or holiday work pays two additional days. In ports with different usual working hours, the Attorney General may match local hours, but that does not change the length of a workday or these overtime pay rules.

Full Legal Text

Title 8, §1353a

Aliens and Nationality — Source: USLM XML via OLRC

The Attorney General shall fix a reasonable rate of extra compensation for overtime services of immigration officers and employees of the Immigration and Naturalization Service who may be required to remain on duty between the hours of five o’clock postmeridian and eight o’clock antemeridian, or on Sundays or holidays, to perform duties in connection with the examination and landing of passengers and crews of steamships, trains, airplanes, or other vehicles, arriving in the United States from a foreign port by water, land, or air, such rates to be fixed on a basis of one-half day’s additional pay for each two hours or fraction thereof of at least one hour that the overtime extends beyond five o’clock postmeridian (but not to exceed two and one-half days’ pay for the full period from five o’clock postmeridian to eight o’clock antemeridian) and two additional days’ pay for Sunday and holiday duty; in those ports where the customary working hours are other than those heretofore mentioned, the Attorney General is vested with authority to regulate the hours of such employees so as to agree with the prevailing working hours in said ports, but nothing contained in this section shall be construed in any manner to affect or alter the length of a working day for such employees or the overtime pay herein fixed.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was not enacted as part of the Immigration and Nationality Act which comprises this chapter. Ex. Ord. No. 6166, is authority for the substitution of “Immigration and Naturalization Service” for “Immigration Service”; and 1940 Reorg. Plan No. V. is authority for the substitution of “Attorney General” for “Secretary of Labor.” See note set out under section 1551 of this title. Section was formerly classified to section 342c of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. Prior thereto, section was classified to section 109a of this title.

Amendments

1952—Act June 27, 1952, substituted “immigration officers” for “inspectors”.

Statutory Notes and Related Subsidiaries

Abolition of Immigration and Naturalization Service and

Transfer of Functions

For abolition of Immigration and Naturalization Service,

Transfer of Functions

, and treatment of related references, see note set out under section 1551 of this title.

Executive Documents

Transfer of Functions

Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees by 1950 Reorg. Plan No. 2, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government Organization and Employees. See section 509 and 510 of Title 28, Judiciary and Judicial Procedure.

Reference

Citations & Metadata

Citation

8 U.S.C. § 1353a

Title 8 — Aliens and Nationality

Last Updated

Apr 3, 2026

Release point: 119-73not60