INDIAN EMPLOYMENT VISA

What is an Employment Visa? 
 An Employment Visa is granted to foreigners desiring to come to India for the purpose  of employment, subject to fulfillment of the following conditions:

(i) The applicant is a highly skilled and/or qualified professional, who is being engaged or appointed by a company/ organization/ industry/ undertaking in India on contract or employment basis.

(ii) Employment Visa shall not  be granted for jobs for which qualified Indians are available. Employment

Visa shall also not be granted for routine, ordinary or secretarial/clerical jobs.

(iii) The foreign national seeks to visit India for employment in a company/ firm/organization

registered in India or for employment in a foreign company/ firm/organization engaged for execution of

some project in India.

(iv) The foreign national being sponsored for an Employment Visa in any sector should draw a salary

in excess of US$ 25,000 per annum.  However, this condition of annual floor  limit on income will not

apply to:

 (a) Ethnic cooks,
 (b) Language teachers (other than English language teachers) / translators and
 (c) Staff working for the concerned Embassy/High Commission in India.
The application for Employment Visa may be rejected by the Indian Mission/Post concerned in case the minimum annual income benchmark of US$ 25,000 is not met, except in the case of the three categories mentioned above. There will be no need to refer such cases for consideration of the Ministry of Labour &
Employment for clearance.  The guidelines issued by the Ministry of Labour & Employment vide their OM
no.DGET-M-26025/4/2009-MP(G) dated 8thSeptember 2009 and the amendment dated 22nd December, 2009 will no longer be applicable in view of these stipulations.
(v) The foreign national must comply with all legal requirements like payment of tax liabilities etc.
(vi) The Employment Visa must be issued from the country of origin or from the country of domicile of the foreigner provided the period of permanent residence of the applicant in that particular country is more than 2 years.
(vii) The documents/ papers pertaining to the proposed employment, like the registration of the company
under the Companies Act, proof of registration of the firm in the State Industries Department or the Export
Promotion Council concerned, or any recognised promotional body in the field of industry and trade etc
will be thoroughly checked to decide the category of visa that may be issued to the foreigner. The name of the sponsoring employer / organization shall be clearly stipulated in the visa sticker.

What are the other categories of foreign nationals who are eligible for Employment visa? 


Subject to the fulfillment of the conditions enumerated in Question B5 above, the following categories of foreign nationals will also be eligible for Employment visa:-
(i) Foreign nationals coming to  India as consultant on contract for whom the Indian company pays a fixed
remuneration (this may not  be  in  the  form  of  a monthly salary).

(ii) Foreign artists engaged to conduct regular performances for the duration of the employment
contract given by Hotels, Clubs, other organizations.
(iii) Foreign nationals who are coming to India to take up employment as coaches of national /state level teams
or reputed sports clubs.
(iv) Foreign sportsmen who are given contract for a specified period by the Indian Clubs/organizations.
(v) Self-employed foreign nationals coming to India for providing engineering, medical, accounting, legal or
such other highly skilled services in their capacity as independent consultants provided the provision of
such services by foreign nationals is permitted under law.
(vi) Foreign language teachers/interpreters.
(vii) Foreign specialist Chefs.
(viii) Foreign engineers/technicians coming to India for installation and commissioning of
equipment/machines/tools in terms of the contract for supply of such equipment/machines/tools.
(ix) Foreign nationals deputed  for providing technical support/services, transfer  of know-how/services for
which the Indian company  pays fees/royalty to the foreign company.

What is the duration of an Employment Visa? 


Validity of an Employment visa will be as follows:-
 
(i) A foreign technician/expert coming to India in pursuance of a bilateral agreement between the Government of India and the foreign government or in pursuance of a collaboration agreement that has been approved by the  Government of India, can be granted an Employment visa for the duration of the agreement,  or for a period of five years, whichever is less, with multiple entry facilities.
(ii) In the case of highly skilled foreign personnel being employed in the IT software and IT enabled sectors, the Missions/Posts can grant Employment visa with validity up to 3 years or the term of assignment, whichever is less, with multiple entry facility.
(iii) A foreigner coming to India for employment not covered in (i) or (ii) above can be granted Employment visa with a validity up to two years or the term of assignment, whichever is less, with multiple entry facility.
(iv) In the case of Employment Visa issued for a period of 180 days or less, registration is not required with
FRRO/FRO.  The Missions/Posts may issue multiple entry Employment Visa for a period of 180 days or less.
(v) However, if the Employment visa is valid for a period of more than 180  days, it should carry an endorsement to the effect that the E-visa holder must register with the FRRO/FRO concerned within 14 days of arrival.
(vi) On registration, the  FRRO/FRO concerned may issue Residential Permit for the validity of the visa
period.  However, if there is any change in the residential address, the  foreign national concerned shall immediately report the change of address, in writing, to the FRRO/FRO concerned.
(vii) The Employment visa may be extended by the State Governments / UTs / FRROs / FROs beyond
the initial visa validity period, up to a total period of 5 years from the date  of issue of the initial Employment Visa, on an year to year basis, subject to good conduct, production of necessary documents in support of continued employment, filing of Income Tax  returns and no adverse security inputs about the foreigner.  The period of extension shall not exceed five years from the date of issue of the initial Employment visa.

What documents are required to be submitted alongwith application for Employment Visa?


(i) The foreign national  must have a valid travel document and a re-entry  permit, if required under
the law of the country concerned.
(ii) The foreign national must  submit proof of his/her employment of contract  or engagement by the
company / organization, etc. in India.
(iii) The foreign national must submit documentary proof of his educational qualifications and
professional expertise.
(iv) The foreign national  must submit documents/ papers pertaining to the proposed employment, like
the registration of the company under the Companies Act, proof of registration of the firm in the State Industries Department or the Export Promotion Council concerned, or any recognised promotional body in the field of industry and trade etc.



Which category of Visa will be granted to family members of foreign nationals coming to India on Employment? 

Family members/ dependents of a foreigner who is granted  `E’ visa shall be granted `X' visa subject to usual
security checks provided the family members are otherwise eligible for grant of such a Visa.   Its validity shall be coterminus with the validity of the visa of the principal visa holder [or for such shorter period as may be considered necessary by the Indian Mission]

Whether Employment visa can be converted to any other type of visa within the country? 

Employment Visa cannot be converted to any other kind of visa during the stay of the  foreigner in India except in the following circumstances and with the prior approval of the Ministry of Home Affairs:
a) Employment visa can be converted to ‘X’ (Entry) Visa if a foreigner who  has come to India on Employment visa marries an Indian national during the validity of his/her visa and does not intend to
continue on Employment Visa. Such conversion would be considered subject to fulfillment of following conditions:
(i)     submission of a copy of registered Marriage Certificate , and
  (ii)     report from the FRRO/FRO concerned about their marital  status which  will inter-alia include his/her antecedents, confirmation about their living together and security clearance.
b) Employment visa in case of Persons of Indian Origin, who were otherwise entitled for ‘X’ (Entry)
Visa but have entered into India on Employment visa, can also be converted to ‘X’ Visa.
c) Employment visa of the foreigners who fall ill after their entry into India rendering them unfit to travel
and require specialized medical treatment can be converted to Medical visa if they are eligible for grant of Medical Visa and medical certificate is obtained from government/government-recognized hospitals. In such a case, ‘X’ visa of family members/ attendant accompanying the foreigner (whose ‘Employment’ visa is converted into 14Medical Visa) can also be converted into Medical Attendant [Med X] visa co-terminus with the Medical visa of the foreigner.
Note: On conversion of Employment visa into ‘X’ visa / Medical visa/ ‘Med X’ visa, the following endorsement shall be  made on the Passport / Residential Permit  - “Employment/Business not permitted”.

 Whether a foreign company/organization that does not have any Project office/subsidiary/joint 
venture/branch office in India can sponsor a foreign national/employee of  a foreign company for 
Employment visa ? 
Ans.: No.

Whether an Indian company/organization which has awarded a contract for execution of a project to a foreign company that does not have any base in India, can sponsor employee of foreign company for Employment visa?
Ans. : Yes

If the Indian organization/entity sponsors an Employment Visa, does this mean that the Indian 
organization/entity has to necessarily be the legal employer of the person? 
Ans.:  No.

Which category of Visa will be granted to the foreign language teachers/interpreters?
Ans.:  Employment Visa

Which category of Visa will be granted to the foreign specialist Chefs?
Ans.:  Employment Visa.

Which type of Visa would be granted to senior management personnel and/or specialists employed by
foreign firms who are relocated to India to work on specific project/management assignment?
Ans.: Employment Visa.