Work permits and visas in India: An employer’s guide

If you’re considering hiring from India or have an employee who wants to relocate to the country, you must make sure they have the correct work authorization and visa. Employing foreign nationals without the correct work visa can result in financial penalties, legal action, or even criminal charges under the Foreigners Act of 1946.

In this article, Remote explains the different visa categories, eligibility criteria, application procedures, and your role as the sponsoring company for work visas in India. 

See also: The complete employer's guide to hiring in India

Work authorization check in India

Indian citizens do not need right-to-work checks. However, any non-Indian citizen must hold a valid visa that allows employment or business activity. The two most common options are the Employment Visa and the Business Visa.

An employer is responsible for ensuring that the category of visa held by a foreign national corresponds to the nature of the individual’s assignment in India. For example, a professional engaged in full-time employment with an Indian company must hold a valid Employment Visa issued in the name of that company. A foreign national whose purpose is limited to attending board meetings, exploring commercial opportunities, or establishing a subsidiary may enter on a Business Visa, provided the activities fall within the scope permitted under that category.

Work visas vs. work permits in India

In India, the right to work is granted through a visa, not a separate work permit. A work visa is issued by an Indian Embassy, High Commission, or Indian Consulate abroad and allows a foreign national to enter India for employment or certain business activities.

India does not have a standalone work permit system. Instead, foreign nationals may need to complete registration with the Foreigners Regional Registration Office (FRRO) or Foreigners Registration Officer (FRO) once they arrive. This step applies if the visa is valid for more than six months or, in the case of Business Visas, if the total stay exceeds 180 days in a calendar year. Registration must be completed within 14 days of arrival and results in a Residential Permit/Certificate (RP/RC).

Do foreign nationals need a work visa in India?

Yes. Any foreign national who intends to work in India must secure the correct authorization before beginning employment. A Tourist Visa does not allow employment. Attempting to work on a Tourist Visa violates visa regulations under Section 14(b) of the Foreigners Act and can result in fines, forfeiture of bonds, or imprisonment of up to five years.

Types of work visas in India

When hiring foreign nationals, employers should focus on the two primary categories of long-stay visas that meet work visa requirements.

Employment Visa

An Employment Visa is the most common work visa for foreign nationals in India. It applies when your company hires a skilled professional, senior manager, or specialist to work in the country. The Employment Visa is typically valid for up to five years or the length of the employment contract, whichever is shorter, and can be renewed if the employment relationship continues. An Employment Visa is tied to the sponsoring company, so it cannot be used for unrelated work.

Business Visa

A Business Visa is for foreign nationals traveling to India for legitimate business activities, such as setting up a subsidiary, attending meetings, or exploring commercial opportunities. It can also be granted for up to five years and renewed as needed.

However, a Business Visa does not authorize full-time employment with an Indian company. Employers must carefully assess whether the role requires an Employment Visa instead. Using a Business Visa for employment purposes is a violation of Indian immigration rules.

Intern Visa

An intern visa is available to foreign nationals who wish to undertake internships with Indian companies, educational institutions, or NGOs. Employers must ensure that internship agreements are properly documented and aligned with visa conditions.

Project Visa

A Project Visa is issued to foreign nationals employed on specific projects in the power and steel sectors. This visa is tied to the project itself and is valid only for the project duration. Employers sponsoring project workers must coordinate closely with government agencies to ensure compliance.

Dependent visas

India issues a dependent visa, known as the Entry (X) Visa, to family members of long-stay visa holders. The Entry Visa allows dependents to reside in India for the duration of the employee’s visa, but does not grant the right to work. This means that if a dependent wishes to take up employment, they must apply separately for the appropriate visa type, such as an Employment Visa.

Eligibility and requirements for a work visa in India

Before a foreign national can legally work in India, both the employee and the sponsoring employer must meet specific eligibility criteria and provide supporting documentation.

Employment Visa eligibility

The Employment Visa is the most common type of work visa in India. As an employer, you can only sponsor a candidate if:

• The individual is a skilled professional, senior manager, project specialist, or an employee of a recognized non-governmental organization (NGO)
• Your company is a legally registered entity in India
• The employment contract is genuine and clearly defines the salary, job role, and conditions.
  
  

Applicants must provide a range of documents at the Indian Mission, Consulate of India, or High Commission, including:

• A valid passport
• The completed visa form (visa application form)
• Copies of qualifications and diplomas
• A company registration certificate
• A signed employment contract and appointment letter
  
  

Additional approvals may be required for certain roles (for example, senior management in joint ventures may need clearance from the Reserve Bank of India). Where emigration clearance is triggered, contracts must be attested and supported by insurance under the Pravasi Bharatiya Bima Yojana.

Employers should also be aware that there is a minimum salary threshold of ₹16.25 lakhs per annum (approximately USD 25,000) for Employment Visa approval. Some categories, such as teaching faculty at premier institutions, ethnic cooks, NGO workers on honorary terms, translators, and embassy staff, are exempt from this threshold. Always verify with the relevant Indian Mission or Consulate to confirm the latest requirements.

Business Visa eligibility

The Business Visa is designed for foreign nationals visiting India for legitimate business purposes. Employers should use this category when hosting executives, establishing a subsidiary, or facilitating commercial activities such as negotiations or trade.

The applicant must prove:

• The business purpose of the visit is genuine
• They have the financial standing and expertise relevant to the activity
• The Indian entity or partner is properly registered
  
  

While a Business Visa allows commercial activity, it does not authorize full-time employment with an Indian company. Employers must ensure that activities are properly aligned with the visa type to avoid compliance risks.

How to get an Indian work visa

For foreign nationals hired by an Indian company, the Employment Visa is the primary authorization needed to live and work legally in the country. Here's how to apply for a work visa in India.

Prepare the application

The employee begins by completing the official online visa application form via India's visa portal. A digital photograph is uploaded at this stage. Employers should provide the employee with required documents in advance, such as the signed employment contract, company registration certificate, and appointment letter.

Schedule an appointment

The employee then books an in-person appointment at the nearest Indian Mission, High Commission, Consulate, or Visa Application Centre. At this stage, the system calculates the visa fee along with applicable charges such as the Indian Community Welfare Fund (ICWF) fee and service charges.

Submit required documents

At the appointment, the employee must submit both personal and employer-provided documentation. This typically includes:

• Passport valid for at least one year
• Completed visa application form
• Two recent passport photographs
• Signed employment contract and appointment letter
• Proof of the employer’s registration in India
• Certificates or diplomas verifying the employee’s qualifications
  
  

Employers should ensure that the company’s documents (e.g., Certificate of Incorporation, tax registration details) are complete and available, as missing paperwork is a common cause of delays.

Registration with Foreigners Regional Registration Office

Foreign nationals staying for more than six months (or Business Visa holders staying over 180 days in a calendar year) must register with the Foreigners Regional Registration Office (FRRO) or Foreigners Registration Officer (FRO) within 14 days of arrival. This results in a Residential Permit/Certificate (RP/RC), which must be maintained for lawful residence.

India work visa costs and processing time

Employers should plan for both the Indian visa processing time and service fees to ensure applications are submitted well in advance of the employee’s start date.

India work visa processing times

Once a complete visa application is submitted to the Indian Mission or Visa Application Centre, the minimum processing time is three working days, though this may vary depending on the applicant’s nationality and any additional verification required. Employers should allow extra time for potential delays due to workload or special circumstances.

India work visa fees 

The cost of an Employment Visa depends on the applicant’s nationality, visa duration, and the Indian Mission where the application is filed. Roughly the application fees include: 

• United States citizens: Around USD 120–160, plus the Indian Community Welfare Fund (ICWF) fee of USD 3 and a small service charge.

• Most other nationalities: Around USD 80–120, plus the ICWF fee and service charges.

Employers should always check the latest fee schedule published by the relevant Indian Embassy, Consulate, or High Commission, as amounts vary across missions.

Employee work visa sponsorship in India 

Employers in India must act as official sponsors for Employment Visa applications. Sponsorship responsibilities include:

• Confirming that the job role requires skills not readily available in the local labor market
• Providing a company appointment letter with details of the employee’s role and salary
• Ensuring payroll and income taxes are correctly deducted and paid
• Supporting employees in maintaining valid FRRO registration and other immigration requirements
  
  

Sponsorship is ongoing. Employers must manage visa renewals, update employment details, and ensure employees do not breach visa conditions during their stay.

Digital nomad visa in India

India does not currently offer a dedicated digital nomad visa. Foreign nationals who wish to work while in India must apply for either an Employment Visa or a Business Visa, depending on their activities. Working remotely on a Tourist Visa is forbidden and can lead to penalties. 

How Remote can help with work visas in India 

To hire or relocate employees to India, you need to have your own entity in the country. You also need to navigate immigration laws to avoid potential penalties, as well as handle payroll and benefits according to local tax laws. 

That's why Remote’s Employer of Record service is invaluable. We act as the legal employer in India on your company’s behalf. Remote helps you stay compliant with local labor and tax laws, so you can onboard your employees in a matter of days to save time and resources. 

If you already have an entity in India, Remote can help with international employee relocation with case-by-case immigration assessments, and guidance on Indian work visa applications. 

To learn more about the processes involved in relocating international employees, download Remote's Relocation Guide, or contact our Relocation team today.