An Employment Visa is granted to foreigners desiring to come to India for the purpose of employment, subject to fulfilment of the following eligibility conditions:
- The applicant must be a highly skilled and qualified professional, who is being engaged or appointed by an undertaking in India on contract or employment basis.
- Employment Visa is not be granted for jobs for which qualified Indians are available. Employment Visa is also not granted for routine, ordinary or secretarial/clerical jobs.
- The foreign national who is applying for such visa has to show that the visa is applied for employment in an India organization registered in India or for employment in a foreign company engaged for execution of some project in India.
- 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 can be rejected in case the minimum annual income benchmark of US$ 25,000 is not met with, except in the case of the three categories mentioned above.
- The foreign national must comply with all legal requirements like payment of tax liabilities etc.
- 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.
- 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.
In respect of foreign nationals engaged as teaching faculty at the level of Assistant Professors and above by the Central Higher Educational Institutions viz. Indian Institutes of Technology (IITs), Central Universities (CUs), National Institutes of Technology (NITs), Indian Institutes of Management (IIMs) and Indian Institutes of Science Education and Research (IISERs), the minimum salary limit for grant of Employment visa will be INR.9.10 lakhs per annum.
In case if a foreign national is coming on Employment visa for a period of less than one year, the minimum salary requirement will be worked out on pro-rata basis. Further, foreigners employed in BPO/ ITES are not eligible for exemption from annual threshold income limit.
Other Foreign Nationals Eligible for Employment Visa:
- 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).
- Foreign artistes engaged to conduct regular performances for the duration of the employment contract given by Hotels, Clubs, other organizations.
- Foreign nationals who are coming to India to take up employment as coaches of national / state level teams or reputed sports clubs
- Foreign sportsmen who are given contract for a specified period by the Indian Clubs/organizations(This will not include foreign nationals who are engaged in commercial sports events in India on contract (including coaches), for whom appropriate visa would be B-Sports visa).
- 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.
- Foreign language teachers/ interpreters.
- Foreign specialist Chefs (For Foreign Specialist Chefs employed in commercial venture, the minimum salary criteria of INR 16.25 lakhs per annum will be applicable).
- Foreign Circus Artists
- 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.
- 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.
- Foreign journalists, who intend to travel to India to work in Indian media organizations.
- Employees / Managers coming to India for non-journalistic activities within media organizations.
Duration of Employment Visa:
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Category
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Duration of Employment Visa
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A foreign technician/expert coming to India in pursuance ofa 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
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Duration of the agreement or for a period of five years, whichever is less, with multiple entry facilities
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Highly skilled foreign personnel being employed in the IT software and IT enabled sectors
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Up to three years or term of assignment, whichever is less, with multiple entry facilities
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Foreigner coming for employment not covered in the first or second point mentioned above
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Up to (two) years or the term of assignment, whichever is less, with multiple entry facility
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Registration requirements:
If the Employment visa is valid for a period of more than 180 days, the foreign national concerned should register with the Foreigners Regional Registration Officer (FRRO)/ Foreigners Registration Officer (FRO) concerned within 14 days of arrival. In the case of Employment Visa issued for a period of 180 days or less, registration is not required with FRRO/FRO.
Extension of Employment Visa:
The Employment visa may be extended by the concerned FRRO/FRO 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.
Employment visa for foreigners wishing to work with NGOs registered in India:
- A foreigner who wishes to come to India for honorary work (without salary) with NGOs registered in India can be granted multiple entry Employment (E-4) Visa for one year initially.
- The foreigners eligible for honorary work with the NGOs can be paid an honorarium up to a ceiling of INR 10,000 per month.
- The visa can be extended by FRRO / FRO concerned for a total period of 5 years from the date of issue of the initial Employment Visa, on a year to year basis.
Visa for the family members of a foreigner who has been granted an Employment Visa in India:
The family members or dependents of a foreigner who has been granted an Employment visa can be granted dependent visa of appropriate sub-category. Its validity would be co-terminus with the validity of the visa of the principal visa holder (or for such shorter period as may be considered necessary). The family members or dependents can also obtain Student/Research Visa provided they are otherwise eligible for grant of such a visa. Dependent visa of the family members/ dependents of such foreign national can be extended by the FRRO/ FRO concerned for a total period of 5 years from the date of issue of the initial visa, co-terminus with the visa of the principal Visa holder.
Conversion of Employment Visa:
Employment Visa will be non-convertible to any other type of visa except in specific cases. Regarding conversion of Employment visa to other categories of visa, please see the general policy guidelines relating to Indian visa on this website.
a) Conversion of ‘E-3X’ visas to ‘E’ visas of the spouse of an employee on intra-company transfer:
The conversion of ‘E-3X’ (Entry) visa of the spouse of an employee on intra-company transfer into Employment Visa can be permitted within the country , subject to the applicant fulfilling all the conditions laid down for grant of Employment Visa, with prior approval of the Ministry of Home Affairs.
b) Conversion of ‘X-2’ Visa of nationals of Bangladesh married to Indian nationals into Employment Visa:
‘X-2’ Visa of nationals of Bangladesh married to Indian nationals, but not entitled to registration as OCI cardholder, can be converted into Employment Visa, on application, by the Ministry of Home Affairs. The applicant must draw a minimum salary of.INR 9.10 lakhs per annum. The period of this visa will be for one year and can be extended on a yearly basis (without any limit) by the FRRO/ FRO concerned. Any change in the employer will be permitted only with the prior approval of the Ministry of Home Affairs (Foreigners Division). If the applicant discontinues the employment, their visa could be converted into ‘X-2’ Visa.
Change of Employer:
Change of employer is generally not permitted during the currency of the Employment Visa, except in cases of change of employment between a registered holding company, Joint Ventures & Consortiums and its subsidiaries and vice-versa or between subsidiaries of a registered holding company, Joint Ventures & Consortiums. Change of employment would be permitted at a senior level e.g. managerial or a senior executive position and/ or at a skilled position e.g. a technical expert. Prior permission of the Ministry of Home Affairs is required for change of employment.
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