Employment Visa

1. Employment Visa designated as 'E' Visa

Q1. What is an Employment Visa?
Q.2. Who are eligible for Employment Visa?
Q.3. What is the duration of an Employment Visa?
Q.4. What documents are required to be submitted alongwith application for Employment Visa?
Q.5. Which category of Visa will be granted to family members of foreign nationals coming to India on Employment?
Q.6. Whether a foreign company/organization that does not have any Office/subsidiary/joint venture/branch office in India can sponsor a national/employee of a foreign company for Employment Visa?
Q.7. 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?
Q.8. 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?
Q.9. Which category of Visa will be granted to the foreign language teachers/interpreters?
Q.10. Which category of Visa will be granted to the foreign specialist Chefs?
Q.11 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?
Q.12 What is the format for applying for Business Visa or Employment Visa?

Ans. 1. Employment Visa is granted to foreigners desiring to come to India for purpose of employment, subject to following conditions:-

• (i) The applicant is a skilled and qualified professional or person who is being engaged or appointed by a company, organization, industry, or undertaking, etc. in India on contract or employment basis at a senior level, skilled position such as technical expert, senior executive, or in a managerial position, etc.
• (ii) Employment Visa is not granted for jobs for which large numbers of qualified Indians are available.
• (iii) Employment Visa is not granted for routine, ordinary or secretarial/clerical jobs.
• (iv) 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 that applicant in that particular country is for more than 2 years.
• (v) The Indian company/organization engaging foreign nationals for executing projects/contracts would be responsible for the conduct of the foreign national during their stay in India and also for the departure of such foreign national upon expiry of Visa.
• (vi) A foreign national will have to comply with all other requirements like payment of tax liabilities, etc.

Ans. 2. Subject to the conditions enumerated in Question B5 above, the following will be eligible for Employment Visa:-

• (i) Foreign nationals coming to India for execution of a project/contract [irrespective of the duration of the visit].
• (ii) Foreign nationals who are coming to India on short visits to customer location to repair any plant or machinery as part of warranty or annual maintenance contracts.
• (iii) Foreign engineers/technicians coming to India for installation and commissioning of equipments/machines/toolsin terms of the contract for supply of suchequipment/machine/tools.
• (iv) Foreign experts coming to India for imparting training for the personnel of the Indian company.
• (v) Foreign personnel deputed for providing technical support/services, transfer of know-how, services supplies for which the Indian company pays fees/royalty to the foreign company.
• (vi) Foreign nationals coming to India as consultant on contract for whom the Indian company pays a fixed remuneration, (may not be in the form of monthly salary).
• (vii) Foreign artists engaged to conduct regular performances for the duration of the employment contract given by Hotels, Clubs, other organizations.
• (viii) Foreign nationals who are coming to India to take up employment as coaches.
• (ix) Foreign sportsmen who are given contract for a specified period by the Indian Clubs/organizations.
• (x) 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.

Ans. 3. A foreign national coming to India for employment may initially be granted an Employment Visa by the Indian Missions abroad upto one year. The first extension, if necessary, would be granted by MHA. Further extensions, if required, can be granted by concerned State Government/FRO upto maximum period of five years from the date of issue of the Visa. Foreigners coming on Employment Visa are required to register with concerned FRRO/FRO within two weeks from the date of arrival.

Ans. 4.

• (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 or 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.

Ans. 5. In respect of family members of a foreign national who is granted 'E' Visa, Indian Missions may grant an 'X' Visa [i.e. Dependent Visa]. The validity of the 'X' Visa could be co-terminus with the validity of the Visa of the principal Visa holder or for such shorter duration as may be considered necessary by the Indian Mission, subject to usual security checks provided the family members are otherwise eligible for grant of such a Visa.

Ans. 6. No

Ans. 7. Yes

Ans. 8. No

Ans. 9. Employment Visa.

Ans. 10. Employment Visa.

Ans. 11. Employment Visa.

Ans. 12. The application forms for Business Visa and Employment Visa are available on the website and/or offices of the Indian Missions in respective countries.
FAQs clarifying details in respect of these types of visas can also be viewed either on the Indian Mission's website or on Ministry of Home Affairs website: www.mha.nic.in.
In case of any difficulty relating to obtaining a visa, the applicant may contact the Indian Mission concerned or Joint Secretary(CPV), Ministry of External Affairs on the e-mail address: jscpv@mea.gov.in.
For general queries or clarifications regarding visa issues, the applicant may (where necessary information is not available with the Mission) also contact Deputy Secretary (Foreigners), Ministry of Home Affairs on the e-mail address: pvsivaraman@nic.in.