Foreign nationals working physically in India need an employer-sponsored Employment Visa. The two requirements that catch most companies off guard are the USD $25,000 annual salary threshold and the obligation for visa holders to register with the Foreigners Regional Registration Office (FRRO) within 14 days of arrival. Get both right from the start, and the process is straightforward.
Overview of india’s work authorisation framework
India’s work authorisation system sits under the Ministry of Home Affairs (MHA), with the Bureau of Immigration handling visa issuance and the FRRO managing in-country registration for foreign nationals on long-stay visas. The employer, not the employee, drives the Employment Visa process. To sponsor a foreign national, your organisation must be a registered Indian entity. A foreign company with no Indian legal presence can’t act as the sponsoring employer.
The main visa types relevant to employers are:
| Visa type | Purpose | Employment permitted? |
|---|---|---|
| Employment Visa | Taking up employment with an Indian company | Yes |
| Business Visa | Short-term meetings, conferences, site visits | No |
| Project Visa | Specific projects in the power or steel sector | Yes (project-specific) |
| Business e-Visa | Short visits, business activities | No |
For most foreign hires, the Employment Visa is the relevant route.
Employment visa
The Employment Visa is the primary route for foreign nationals who will work full-time for an Indian registered company. It requires active employer sponsorship and carries specific eligibility conditions.
Who needs one
Any foreign national taking up employment with an Indian company needs an Employment Visa. This includes full-time hires in professional, technical, or specialist roles where the employer is an Indian registered entity. The visa doesn’t cover freelancers, consultants working for foreign clients, or individuals doing short-term business activities such as attending meetings or signing contracts.
Salary threshold and eligibility
The Employment Visa has a minimum annual salary requirement of USD $25,000. This threshold applies to the gross salary the Indian employer pays the foreign national. It exists to ensure the visa is used for genuine specialist or high-skill roles rather than for displacing Indian workers in roles that don’t require foreign expertise.
Exceptions to the USD $25,000 floor exist for specific categories. Ethnic cooks working in Indian restaurants and certain specialist roles in performing arts or similar niche areas may qualify at lower salary levels. These exceptions are narrow. For most corporate hires, assume the full threshold applies and structure compensation accordingly before you make an offer.
How to apply
The employer initiates the Employment Visa process. The steps are:
- The Indian employer provides the foreign national with a sponsorship letter and employment contract confirming the role, salary, and duration.
- The foreign national applies for the Employment Visa at the Indian embassy or consulate in their home country, submitting the sponsorship documents along with their application.
- The embassy reviews the application and, once approved, issues the Employment Visa.
- On arrival in India, the foreign national enters on the Employment Visa and, if staying more than 180 days, must register with the FRRO within 14 days.
Processing times vary by country and embassy. Allow four to six weeks as a conservative estimate, though many applications are processed faster. Check the relevant Indian mission’s current processing guidance before committing to a start date.
Frro registration
The Foreigners Regional Registration Office (FRRO) is the in-country registration body for foreign nationals in India. Registration is a post-arrival obligation, not a pre-departure one.
Foreign nationals who will stay in India for more than 180 days must register with the FRRO (or the Foreigners Registration Office, FRO, in cities where the FRRO doesn’t operate) within 14 days of their first arrival. This requirement applies to Employment Visa holders and most other long-stay visa categories.
FRRO registration is now handled primarily through the online portal (indianfrro.gov.in), though some registrations still require an in-person visit to the local office. The foreign national registers themselves, but the employer should make sure the employee knows about this obligation and does it on time. The 14-day window runs from the date of first arrival in India, not from the visa start date or the employment start date.
Annual re-registration is required in some cases. Where the FRRO issues a Residential Permit for a period shorter than the Employment Visa duration, the foreign national must renew the permit annually. This is common practice and shouldn’t be treated as a problem. Budget it into your HR calendar for each foreign national employee.
Failure to register within the 14-day window can result in fines and complications at exit. It can also affect visa renewals. The simplest way to avoid this is to make FRRO registration part of your onboarding checklist for any foreign national starting work in India.
Employer obligations
Sponsoring an Employment Visa comes with ongoing obligations beyond the initial application.
Indian registered entity requirement. Only a company registered in India can sponsor an Employment Visa. This means you need a legal entity on the ground before you can employ foreign nationals directly. There’s no workaround within the standard framework.
MHA reporting. Employers must report the arrival and commencement of employment of foreign national employees to the Ministry of Home Affairs. This is typically done through the FRRO system. The report confirms that the foreign national has joined the role stated on their visa.
Record-keeping. Employers must maintain records of all foreign national employees. This includes copies of visa documents, FRRO registration certificates, and employment contracts. These records should be kept for the duration of employment and for a reasonable period after the foreign national leaves.
Build these obligations into your HR processes from day one. They’re not complex, but they require discipline to keep current.
Business visa vs employment visa
This is one of the most common compliance mistakes. A Business Visa allows a foreign national to visit India for short-term business activities, but it doesn’t permit employment or receipt of salary from an Indian company. Attending a conference, visiting a client, joining a board meeting, or conducting a site inspection are all acceptable Business Visa activities. Starting work under a contract of employment isn’t.
| Activity | Business Visa | Employment Visa |
|---|---|---|
| Attending meetings and conferences | Permitted | Permitted |
| Conducting site visits | Permitted | Permitted |
| Signing contracts | Permitted | Permitted |
| Receiving a salary from an Indian company | Not permitted | Permitted |
| Taking up a full-time employment role | Not permitted | Required |
A Business Visa is typically issued for 6 months to 5 years with multiple entry, which makes it operationally convenient for frequent travellers. That convenience can tempt companies to use it as a de facto work permit. Don’t. If a foreign national is on your Indian payroll and working for your Indian entity, they need an Employment Visa.
The Business e-Visa follows the same rules. It’s available for short visits and business activities, but doesn’t permit employment.
Oci card holders
Overseas Citizens of India (OCI) card holders are persons of Indian origin who hold citizenship of another country. The OCI card is a lifelong visa that gives holders most of the rights of Indian citizens, including the right to work and live in India without any additional work authorisation.
For employers, this matters in a practical way. If you’re hiring someone of Indian origin who holds a foreign passport, check whether they hold an OCI card before starting an Employment Visa application. An OCI holder doesn’t need an Employment Visa, doesn’t require employer sponsorship for work authorisation purposes, and isn’t subject to the USD $25,000 salary threshold. The OCI framework sits completely outside the Employment Visa system.
OCI holders can’t vote in Indian elections and are barred from certain government or defence roles. For private sector employment, those exclusions don’t apply. Treat an OCI holder the same as an Indian citizen for employment purposes.
When you’re hiring Indian diaspora, asking about OCI status early in the process can save several weeks and eliminate the need to meet the salary threshold.
Visa duration and renewal
An Employment Visa is granted for up to five years, or for the duration of the employment contract, whichever is less. If you’re offering a two-year contract, the Employment Visa will cover that two-year period. If the contract is open-ended or exceeds five years, the initial visa is capped at five years and must be renewed.
Renewals are handled through the FRRO system while the foreign national is in India. The process requires an extension request, supported by confirmation from the employer that the employment continues. Extensions are granted in increments and must be applied for before the current visa expires.
If employment ends before the visa expires, the foreign national’s basis for holding the Employment Visa falls away. They’re expected to leave India, convert to a different visa category if they have another lawful basis for staying, or notify the FRRO of their changed status. Employers should document the end of employment and ensure the foreign national is aware of the impact on their visa status.
Dependant visas
Employment Visa holders can sponsor family members to live in India. Spouses, children, and in some cases parents of the visa holder can apply for a Dependent Visa, which allows them to reside in India for the duration of the Employment Visa.
Dependent Visa holders can’t work in India on a Dependent Visa alone. If a spouse wants to take up employment, they need their own Employment Visa with the associated sponsorship and salary requirements.
When you’re relocating a foreign national to India, factor in the Dependent Visa process for any accompanying family members. It runs in parallel with the Employment Visa process but requires separate applications. Indian embassies and consulates handle Dependent Visa applications in the same way as Employment Visas.
Sponsoring foreign workers without a local entity
India’s Employment Visa system requires the sponsoring employer to be a registered Indian entity. If your company doesn’t have an Indian entity, you can’t sponsor an Employment Visa. Setting up an Indian legal entity takes time and carries ongoing administrative and tax obligations. For companies that want to hire one or two people in India quickly, or that are testing the market before committing to incorporation, that route isn’t always practical.
An Employer of Record (EOR) provides an alternative. The EOR acts as the legal employer in India, using its own registered Indian entity to sponsor the Employment Visa and employ the foreign national on your behalf. You retain day-to-day control over the work. The what is an employer of record model also handles the associated employer obligations: MHA reporting, FRRO registration support, and record-keeping.
When evaluating EOR services for India, confirm that the provider holds an active Indian registered entity and has direct experience with Employment Visa sponsorship, FRRO processes, and the MHA reporting requirements. India’s compliance framework has enough specificity that you don’t want a provider learning on your hire.
FAQs
Does the USD $25,000 salary threshold apply to every Employment Visa applicant?
It applies to almost every applicant. The main exceptions are ethnic cooks employed by Indian restaurants and a small number of specialist or performing arts roles. For corporate, professional, or technical hires, the USD $25,000 annual salary floor is a firm requirement. If you’re considering a role that might fall below the threshold, check with an Indian immigration specialist before proceeding.
When exactly does the 14-day FRRO registration window start?
It starts from the date of first arrival in India, not from the date the employment contract begins or the date the Employment Visa was issued. If your hire lands in India on a Monday, they have until the following Sunday to register. Build FRRO registration into the first week of onboarding, not the end of it.
Can a foreign national work in India on a Business Visa?
No. A Business Visa permits short-term business activities such as meetings, site visits, and conferences. It doesn’t permit employment or receipt of salary from an Indian company. Using a Business Visa to perform work under an employment contract is a visa violation. If the person is joining your Indian entity as an employee, they need an Employment Visa.
Does an OCI card holder need an Employment Visa to work in India?
No. OCI card holders can work in India without an Employment Visa or employer sponsorship. The OCI framework gives holders most rights of Indian citizens, including the right to work in the private sector. There’s no salary threshold, no sponsorship process, and no FRRO registration obligation under the Employment Visa framework. Check OCI status early in the hiring process for candidates of Indian origin.
What happens to the Employment Visa if employment ends early?
The Employment Visa is tied to the employment relationship with the sponsoring Indian entity. If employment ends before the visa expires, the visa holder no longer has a valid basis for holding it. They should notify the FRRO and make arrangements to either leave India, transfer to a different visa category, or seek new employment that would support a fresh Employment Visa. Employers should document the termination and inform the visa holder of their obligations. Don’t assume the visa simply runs out harmlessly if the job ends first.
