India — Work Authorization & Visas

India does not issue a standalone work permit separate from the visa. The right to work in India is granted through the visa category itself, principally the Employment Visa. A foreign national who intends to engage in full-time employment with an Indian company must obtain an Employment Visa issued by an Indian Mission or Post abroad before entering India. Attempting to work on a different visa category—particularly a Tourist Visa—is prohibited and constitutes a criminal violation of the Foreigners Act, 1946.

Legal foundation — The Foreigners Act, 1946

The entry, presence, and departure of foreign nationals in India is regulated by the Foreigners Act, 1946 (Act No. 31 of 1946), enacted 23 November 1946. Section 2(a) of the Act defines "foreigner" as "a person who is not a citizen of India." Section 3 confers upon the Central Government the power to make orders regulating, restricting, or prohibiting the entry of foreigners into India, their presence and continued presence, and their departure. Crucially, Section 3(2) empowers the government to regulate a foreigner's "employment or participation or engagement in any occupation, trade, business or vocation."

Under this statutory authority, the Government of India has established a visa-based authorization system. Each visa category permits only the activities specified in the visa grant and any policy guidelines issued by the Ministry of Home Affairs (MHA). The visa sticker or endorsement in the passport specifies the permitted purpose of stay and, for Employment Visas, the name of the sponsoring employer.

Employer responsibility — visa category must match the activity

Employers are responsible for ensuring that the category of visa held by the foreign national corresponds to the nature of the individual's assignment in India. Ministry of Home Affairs guidance confirms that "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 and do not constitute full-time employment for an Indian entity.

The Employment Visa is issued in the name of a specific employer. No change of employer is permitted during the currency of the Employment Visa except in very limited circumstances (between a holding company and its subsidiary, or with prior approval of the Ministry of Home Affairs for senior-level changes). If the foreign national discontinues employment, the employer must inform the jurisdictional Foreigners Regional Registration Office (FRRO) or Foreigners Registration Office (FRO).

Criminal penalties for working on a prohibited visa

Section 14(b) of the Foreigners Act, 1946 provides that whoever "remains in any area in India for a period exceeding the period for which the visa was issued to him" shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine. The same penalty structure applies to foreign nationals who engage in activities prohibited by their visa category. MHA guidance confirms that working 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."

Employers who knowingly permit or facilitate unauthorized work by a foreign national face potential exposure under separate provisions of the Foreigners Act and related labor-compliance regimes, including sanctions for the foreign national, deportation, and possible blacklisting of the employer by the Ministry of Home Affairs for future visa sponsorships.

Registration upon arrival

Foreign nationals entering India on an Employment Visa that is valid for more than 180 days must register with the jurisdictional FRRO or FRO within 14 days of arrival in India. Registration is not required if the Employment Visa is issued for 180 days or less. The Bureau of Immigration (under MHA) operates twelve FRRO offices across India with territorial jurisdiction. Upon registration, the FRRO/FRO issues a Residential Permit valid for the visa period, with endorsements specifying permitted activities.

Source: The Foreigners Act, 1946 — India Visa Online Source: Ministry of Home Affairs — Details of Visas Granted by India Source: Ministry of Home Affairs — FAQs Relating to Work Related Visas Source: Bureau of Immigration — Registration Requirements Source: Bureau of Immigration — Work in India

Foreign nationals seeking an Employment Visa to work in India must meet a minimum salary threshold of Rs. 16.25 lakh per annum. This requirement is set by the Ministry of Home Affairs (MHA) and applies to Employment Visas for regular salaried employment with Indian companies, corporations, and undertakings. The threshold is documented in MHA's Details of Visas Granted by India (Annex III, published 1 February 2018) and remains in effect as of 2026.

Calculation of the Rs. 16.25 lakh threshold — total compensation package

The Rs. 16.25 lakh threshold is calculated on a gross annual compensation basis. MHA guidance specifies that "the salary threshold limit of Rs. 16.25 lakhs per annum will be worked out taking into account the salary and all other allowances paid to the foreign national in cash and also perquisites like rent free accommodation etc. which are included in the salary for the purpose of calculating income tax. Such perquisites should be quantified and indicated in the Employment Contract." The valuation method for perquisites tracks the Income Tax Act definition used for income-tax purposes.

Employers must structure the employment contract to document compensation at or above the Rs. 16.25 lakh threshold on an annualized basis. The contract submitted with the visa application must quantify all cash salary, allowances, and taxable perquisites.

Reduced threshold for teaching faculty at Central Higher Educational Institutions — Rs. 9.10 lakh

Foreign nationals engaged as teaching faculty at the level of Assistant Professor and above by designated Central Higher Educational Institutions are subject to a reduced minimum salary threshold of Rs. 9.10 lakh per annum. The February 2018 MHA guidance specifies that this reduced threshold applies to faculty employed by:

• Indian Institutes of Technology (IITs)
• Central Universities (CUs)
• National Institutes of Technology (NITs)
• Indian Institutes of Management (IIMs)
• Indian Institutes of Science Education and Research (IISERs)

The Rs. 9.10 lakh threshold applies only to teaching faculty (assistant professors and above) at these named institutions. The MHA guidance does not extend the reduced threshold to other roles (administrative staff, researchers) or to teaching faculty at private universities or state-level institutions.

Bangladeshi nationals married to Indian nationals — Rs. 9.10 lakh threshold for visa conversion

Nationals of Bangladesh who are married to Indian nationals and who are not eligible for registration as Overseas Citizens of India (OCI) cardholders may be granted Employment Visa conversion with a reduced minimum salary threshold of Rs. 9.10 lakh per annum. MHA guidance states: "He/she must draw a minimum salary of Rs. 9.10 lakhs per annum. The period of such visa will be for one year and can be extended on an 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)." This provision applies when the Bangladeshi national is already in India on a different visa category and seeks conversion to Employment Visa.

Exemptions from the salary threshold — specialist chefs, language teachers, NGO workers

Certain categories of foreign nationals are exempt from the Rs. 16.25 lakh minimum salary threshold:

1. Foreign specialist chefs engaged by hotels, restaurants, or hospitality establishments. MHA guidance for Project Visas states that "the Missions/Posts may grant visa for not more than two chefs and two interpreters" per establishment. The MHA documents do not impose a salary threshold for these positions.

1. Foreign language teachers and interpreters. MHA visa documents list "Foreign language teachers/interpreters" as a separate category. The February 2018 guidance does not apply the Rs. 16.25 lakh threshold to these roles.

1. Foreign nationals working with registered Non-Governmental Organizations (NGOs) in India. MHA guidance states that "the foreigners eligible for honorary work with the NGOs may be paid an honorarium" and the standard Employment Visa threshold does not apply. NGO workers who receive an Employment Visa for more than 180 days must register with the FRRO/FRO within 14 days of arrival.

1. Dependents/spouses of foreign investors granted Permanent Residency Status (PRS). If the primary investor has met the investment and employment-generation thresholds for PRS (minimum Rs. 10 crore or Rs. 25 crore invested, with employment of at least 20 resident Indians per year), the spouse and dependents granted PRS "will be allowed to take up employment in private sector on the basis of the PRS with the permission of the FRRO/FRO concerned. The minimum salary limit of Rs. 16.25 lakhs per annum prescribed for grant of Employment visa to foreign nationals will not be applicable in such cases."

1. Foreign nationals employed by foreign diplomatic missions or consulates as ethnic cooks or other specialized staff. MHA guidance references this exemption for diplomatic and consular establishments.

Visa application consequences of failing to meet the threshold

The MHA visa guidance documents do not describe the administrative treatment of Employment Visa applications that do not meet the applicable salary threshold. However, the threshold is a stated eligibility requirement in MHA publications, and compliance is verified through the employment contract submitted with the visa application. The MHA guidance does not address what documentation or verification process is used during initial visa issuance or subsequent extensions by the FRRO/FRO.

No indexation or regional variation stated in MHA guidance

The Rs. 16.25 lakh and Rs. 9.10 lakh thresholds are uniform and do not vary by state, city, or sector according to the published MHA guidance. The MHA documents do not reference any indexation mechanism or schedule for periodic adjustment. A 2016 parliamentary question (Rajya Sabha Unstarred Question No. 2445, 7 December 2016) references "a minimum threshold salary of Rs. 16.7 lakh" and mentions that "a proposal in this regard is already" under consideration. The current Rs. 16.25 lakh threshold appears in the February 2018 MHA Annex III publication; the MHA documents do not explain the transition between the two figures or when the Rs. 16.25 lakh threshold took effect.

Source: Ministry of Home Affairs — Details of Visas Granted by India (Annex III, 1 February 2018) Source: Ministry of Home Affairs — FAQs Relating to Work Related Visas Source: Ministry of Home Affairs — Rajya Sabha Unstarred Question No. 2445, 7 December 2016

A Business Visa is granted to a foreign national who wishes to visit India to establish or explore possibilities to set up an industrial or business venture, or to purchase or sell industrial products in India. The Business Visa is distinct from the Employment Visa and does not authorize full-time employment with an Indian company. Ministry of Home Affairs (MHA) guidance confirms that "foreign nationals on a Business Visa must not engage in employment or paid work in India."

Permitted activities — business development, commercial exploration, board meetings

The MHA documents define a Business Visa as appropriate for foreign nationals "coming to India to establish a business venture or to explore the possibility to set up an industrial/business venture in India" and those "coming to India for recruitment of manpower." The February 2018 MHA publication Details of Visas Granted by India (Annex III) states that the e-Business Visa subcategory is "for all activities permitted under normal Business Visa," but the MHA guidance documents do not enumerate a comprehensive list of permitted activities by statute or regulation.

MHA practice, as reflected in the work-visa FAQ documents, recognizes Business Visa usage for:

• Attending board meetings of an Indian subsidiary or affiliate
• Commercial exploratory visits and business-development meetings
• Establishing or scoping the setup of a subsidiary, branch office, or joint venture
• Purchase and sale negotiations for industrial products
• Recruitment of manpower in India

The critical distinction is that these activities must remain business visits rather than full-time employment. A foreign national whose purpose is "full-time employment with an Indian company" must hold an Employment Visa issued in the name of that company, per MHA guidance.

Prohibition on project execution and contracts — Employment Visa required

MHA guidance explicitly prohibits the use of a Business Visa for executing projects or contracts in India. Question 14 of the MHA's FAQs Relating to Work Related Visas asks, "Can foreign nationals coming to execute projects in India be granted Business Visa?" The answer is: "No. A foreign national coming for executing projects / contracts will have to come only on an Employment Visa."

Similarly, Question 22 of the same FAQ addresses senior management personnel and specialists employed by foreign firms who are relocated to India to work on specific projects or management assignments. The answer is unequivocal: "Employment Visa."

Validity, duration, and extension — 5-year maximum, 6-month per-visit stipulation for U.S. nationals

Indian Missions may issue Business Visas with validity up to five years and multiple-entry facility. For nationals of the United States, MHA guidance states: "Indian Missions can grant Business Visa with 10 years validity and multiple entry facility to the nationals of the United States of America. This visa should be issued with the stipulation that the stay in India during each visit shall not exceed six (6) months."

If a Business Visa is initially granted for less than five years by an Indian Mission abroad, it may be extended in India up to a maximum cumulative period of five years from the date of issue of the original Business Visa. The first extension must be granted by the Ministry of Home Affairs. Further extensions on a year-to-year basis may be granted by State Governments, UT administrations, or the Foreigners Regional Registration Office (FRRO) / Foreigners Registration Office (FRO), subject to good conduct, production of necessary documents in support of continued business activity, and no adverse security-related inputs. The extension period "shall not be beyond five years from the date of issue of the Business visa."

If an extension is denied by MHA, the FRRO, the FRO, or the State Government / UT administration, the foreign national "shall leave India forthwith on expiry of the period of validity of the visa."

Registration requirement — cumulative 180-day threshold

Foreign nationals holding a Business Visa must register with the jurisdictional FRRO or FRO if their cumulative stay in India exceeds 180 days during a calendar year. MHA's Regulations Applicable to Foreigners in India (Annex II, 1 February 2018) states: "Foreigners, other than those mentioned above [employment, student, research, journalist, or missionary visas valid for more than 180 days], will not be required to get themselves registered, even if they have entered India on a long term visa provided their continuous stay in India does not exceed 180 days."

The 180-day threshold applies on a calendar-year basis and counts cumulative stays across multiple entries under the same Business Visa. Once the threshold is crossed, registration must be completed within 14 days.

Business Visa is non-convertible to Employment Visa within India

A Business Visa cannot be converted to an Employment Visa while the foreign national remains in India. MHA guidance confirms: "Business Visa is non-convertible to any other type of visa except in specific cases." The specific exceptions are conversion to an Entry (X) Visa (for Persons of Indian Origin or for marriage to an Indian national) or to a Medical Visa in cases of medical incapacity, and both require prior approval of the Ministry of Home Affairs.

FRROs and FROs may receive and forward conversion requests to the Ministry, but they do not have independent authority to approve a Business-to-Employment Visa change within India. Question 15 of the MHA's FAQs Relating to Work Related Visas asks, "Can foreign nationals already in India for executing projects on Business Visas be allowed to extend their Business Visas or convert them to Employment Visas without leaving the country?" The answer is: "No." The foreign national must exit India and apply for an Employment Visa at an Indian Mission abroad.

Criminal liability for working on a Business Visa

Engaging in full-time employment or paid work in India on a Business Visa violates the Foreigners Act, 1946. Section 14(b) of the Foreigners Act provides that a foreign national who engages in activities prohibited by the visa category is subject to imprisonment for a term which may extend to five years and shall also be liable to a fine. Employers who knowingly permit or facilitate unauthorized work by a Business Visa holder face potential sanctions, including blacklisting for future visa sponsorships.

Practical line-drawing — when is Employment Visa required?

The MHA documents do not codify a bright-line test for the boundary between a permissible business visit and prohibited employment. However, the consistent themes across the FAQ documents are:

1. Full-time employment with an Indian company requires an Employment Visa.
2. Remuneration or salary for work performed in India generally triggers the Employment Visa requirement.
3. Project execution and contracts require an Employment Visa, not a Business Visa.
4. Senior management personnel or specialists relocated to India to work on specific projects or management assignments must hold an Employment Visa.

A foreign national on a Business Visa who receives a job offer involving employment or remuneration in India must exit India and apply for an Employment Visa at an Indian diplomatic mission abroad before commencing work. Attempting to regularize status in-country through visa conversion is not permitted for this category.

Source: Ministry of Home Affairs — FAQs Relating to Work Related Visas Source: Ministry of Home Affairs — Details of Visas Granted by India (Annex III, 1 February 2018) Source: Ministry of Home Affairs — General Policy Guidelines Relating to Indian Visa (Annex I, 1 February 2018) Source: Ministry of Home Affairs — Regulations Applicable to Foreigners in India (Annex II, 1 February 2018)

A foreign national seeking to work in India must obtain an Employment Visa from an Indian Mission or Post abroad prior to entry. The application process and documentation are governed by guidance from the Ministry of Home Affairs (MHA) and executed via the Indian Visa Online portal. In-country visa conversion from tourist or business status is not permitted; the Employment Visa must be secured before arrival, as confirmed by MHA FAQs (Q14, Q15).

Application channel and steps

Employment Visa applications are lodged online at Indian Visa Online. The applicant completes the online visa application form, designates the Mission/Post for interview and adjudication, and generates a printed application for in-person submission—along with supporting documentation—at the designated Indian Mission or authorized Visa Application Center.

Core documentation requirements

MHA and Indian Mission guidance consistently identify the following documents as required in most cases:

1. Completed and signed online visa application form.
2. Passport: Minimum six months’ validity and two blank visa pages, plus a photocopy.
3. Recent passport-size photographs meeting Indian specifications.
4. Signed employment contract or appointment letter: Specifies employer, role, term, and salary (meeting the Rs. 16.25 lakh annual threshold, unless exempt). This contract is mandatory and reviewed for eligibility.
5. Proof of employer's business registration: Such as incorporation or registration certificate, or evidence the Indian employer is a legal entity.
6. Documented educational qualifications and CV relevant to the employment role (MHA FAQs, Q20, 21).

Additional documentation often required or requested, depending on mission/sector:

• Justification letter or cover letter from employer, detailing need to employ the foreign national and the applicant’s specific expertise (referenced in FAQs and in mission-specific checklists).
• Undertaking from employer regarding consistency of employment terms and compliance with Indian visa law.
• Statement by the employer or applicant that salary will be remitted and taxes paid in India, where applicable.
• For regulated professions, appropriate professional license/board registration.

Actual requirements can vary by Indian Mission or consular post. Missions may request further documentation based on sectoral rules (e.g. for NGOs, educational institutions), nationality, or the applicant’s previous travel history. Applicants should consult the website of the relevant Indian Mission for updates and checklist variations, as the MHA and BOI both caution that documentary requirements may change and additional items may be requested at any stage.

Processing and follow-up

Application processing occurs at the Indian Mission or Post, with security clearance sought for certain nationalities or sensitive sectors per MHA policy. No assured processing time is published; complex or senior-level cases may take longer for central review. Upon visa issuance, the visa will specify the employer by name, and post-arrival, registration with the FRRO/FRO is required within 14 days for visas valid over 180 days (see prior guide section and BOI guidance).

Source: Indian Visa Online — Employment Visa Instructions Source: Ministry of Home Affairs — FAQs Relating to Work Related Visas

Effective June 1, 2026, India has materially revised the FRRO/FRO registration rules for Employment Visa holders. The Ministry of Home Affairs (MHA) has amended the Immigration and Foreigners Rules, 2025 via the Immigration and Foreigners (Amendment) Rules, 2026. The prior regime, which allowed foreign nationals entering India on an Employment Visa for more than 180 days to register with the jurisdictional Foreigners Regional Registration Office (FRRO) or Foreigners Registration Office (FRO) within 14 days after arrival (or after exceeding 180 days), has been replaced by a proactive requirement.

Key change — elimination of the 14-day post-180-day grace period

Under the new rules, all foreign nationals on Employment, Student, Research, or Missionary visas valid for more than 180 days must register with the relevant FRRO/FRO before the expiry of their initial 180-day stay. The 14-day grace period that previously allowed late registration after the 180-day mark has been eliminated.

Revised registration procedure

• Registration must be completed online and (if so directed) in person at the FRRO/FRO before the 180th day of arrival in India.
• Supporting documentation (passport, visa, employment contract, local address proof, employer letter) must be submitted with the application.
• Foreign nationals unable to complete registration prior to the 180-day mark are now subject to an immediate violation under the revised rules and may face fines, penalty fees, or possible deportation.

Ongoing compliance

• All address changes, employer changes, and passport updates must still be reported to the FRRO/FRO during authorized stay. The foreign national’s Residential Permit (issued by the FRRO/FRO) must be surrendered at final departure (as previously governed by Rules 8 and 15).
• Penalties for noncompliance remain in place under the Foreigners Act, 1946 and the Registration of Foreigners Rules, with the new regime authorizing stricter enforcement for late or missed registration.

Effective date and summary

The Immigration and Foreigners (Amendment) Rules, 2026, effective June 1, 2026, eliminate the 14-day grace period for FRRO/FRO registration and mandate registration be completed before an initial 180-day stay is reached. Prior guide text describing a post-arrival 14-day grace period is no longer accurate as of this effective date.

Source: Bureau of Immigration — Registration Requirements Source: Registration of Foreigners Rules, 1992 (as amended 2026) Source: Immigration and Foreigners (Amendment) Rules, 2026 — Ministry of Home Affairs

India does not offer a stand-alone Intra-company Transfer (ICT) visa route. Instead, multinational companies seeking to place foreign staff in their Indian affiliates must use the general Employment Visa (E-Visa) route as governed by the Ministry of Home Affairs (MHA) and its published guidance. The MHA FAQ confirms that intra-company transferees are eligible only if they qualify for an Employment Visa.

Role eligibility and restriction

According to the MHA FAQ, the Employment Visa (including for ICT assignments) is available only for roles requiring specialized knowledge or senior managerial/executive authority. The guidance states that Employment Visas will not be granted for "routine, ordinary or secretarial/clerical jobs." This restriction applies equally to employees transferred from a foreign affiliate or group company to the Indian entity. MHA does not provide a further breakdown of qualifying managerial or specialist criteria; eligibility beyond the stated exclusions is not elaborated in official publications.

Group structure and documentation

Annex III lists intra-company transfer as one of the grounds for Employment Visa application but does not detail documentation requirements specific to ICTs. Typically, an Employment Visa application for an intra-company transferee requires proof of relationship between the overseas entity and the Indian company (for example, parent, subsidiary, or affiliate status), an employment contract with the Indian entity, and evidence of qualifications. However, the MHA sources do not publish a checklist or single policy document prescribing ICT-specific documentation distinct from general Employment Visa requirements.

Salary threshold and sectoral exclusions

ICT transferees, like other Employment Visa applicants, are subject to the Rs. 16.25 lakh annual minimum salary threshold (unless an exemption listed in MHA guidance applies). The FAQ reiterates that this threshold applies to all roles under the Employment Visa, including intra-company transfers. Sectoral exclusions (such as for routine or clerical roles) are also stated generally for the Employment Visa category and not as ICT-specific rules.

Duration and conversion

The term and renewability of Employment Visas for ICTs follow the general rules—Annex III notes that the Employment Visa can be granted for the duration of employment up to five years, subject to periodic renewal. The sources do not provide a distinct duration or transferability framework for intra-company transferees compared to other foreign hires.

Areas of official guidance silence

Unable to confirm as of 2026-06-15 if MHA maintains a current circular or checklist specific to ICT assignments. Available government FAQs and visa guides refer to intra-company transfers generally within the Employment Visa structure rather than as a segregated pathway.

Source: Ministry of Home Affairs — FAQs Relating to Work Related Visas Source: Ministry of Home Affairs — Details of Visas Granted by India (Annex III, 2018)

Foreign nationals employed in India on an Employment Visa may apply for extension, subject to the five-year total duration of stay, procedural formalities, and documentation set by the Ministry of Home Affairs (MHA) and the Bureau of Immigration (BOI).

Maximum duration and eligibility

The maximum cumulative period for stay on an Employment Visa, including all extensions, is five years from the original date of issue. This limit is set by both the Bureau of Immigration's extension guidelines and the Ministry of Home Affairs (MHA) FAQs Relating to Work Related Visas. Initial Employment Visas are typically granted for one year or for the period of the employment contract (if less), but can be renewed annually, provided the cumulative stay does not exceed five years. Eligibility for extension is limited to those who remain continually employed by the sponsoring employer named in the visa; a change of employer is not permitted except with prior approval from MHA, generally restricted to senior-level or intra-group transfers specifically allowed in the MHA FAQ ("change of employer, between a holding and subsidiary company or vice versa, or between subsidiaries of a holding company, or when duly approved by MHA for senior-level assignments").

Extension procedure and jurisdiction

Applicants must apply for extension before their current visa expires, through the jurisdictional Foreigners Regional Registration Office (FRRO) or Foreigners Registration Office (FRO), generally utilizing the e-FRRO online platform. Extension is adjudicated in-country; timely application permits the applicant to remain in India without exiting. Official BOI and MHA sources do not specify a guaranteed processing timeline, nor do they address in detail the steps for applicants in sensitive sectors or additional nationality-specific requirements. If the five-year maximum is reached, no further extensions are granted.

Required documentation (as per BOI and MHA)

BOI's published guidance and the MHA FAQs enumerate these required documents for extension:

• A valid, current employment contract with the sponsoring employer, for the extension period;
• Letter from employer requesting the extension;
• Evidence of tax paid in India for the prior period (e.g., income tax returns);
• Copy of current FRRO/FRO Residential Permit;
• Copy of passport and valid visa;
• Recent passport-sized photographs (per BOI photo specifications).

Additional requirements may apply for particular industries or nationalities, but official BOI and MHA sources do not publish an exhaustive sector- or nationality-based list as of July 2026. Where authority is silent, such procedural specifics remain unconfirmed.

Change of employer rule

A change of employer during the validity of the Employment Visa is not permitted, except in narrowly defined circumstances with explicit advance MHA approval, as described in the MHA FAQs.

Source: Guidelines for visa extension for foreigners by Bureau of Immigration Source: Ministry of Home Affairs — FAQs Relating to Work Related Visas

Note: Dead BOI link replaced with an updated primary-authority source. Underlying legal rules for extension are unchanged as of July 2026. Not yet human confirmed.

India does not grant automatic work rights to dependent or spouse visa holders of foreign nationals who are working in India on an Employment Visa. The principal legal foundation is the Ministry of Home Affairs’ (MHA) policy guidance on visa categories and permitted activities.

Entry (X) Visa and work prohibition

Spouses and other dependents of Employment Visa holders typically qualify for an Entry (X) Visa (commonly referred to as a “Dependent Visa”). The MHA’s FAQs relating to visa categories specify that the Entry (X) Visa is intended for dependents accompanying Employment, Business, or Student Visa holders. However, MHA guidance and BOI publications consistently state that the Entry (X) Visa does not authorize the holder to undertake employment in India. Specifically, the FAQ confirms: “No person can undertake employment in India on a dependent visa (Entry X visa).”

Dependents/spouses who wish to accept paid work with an Indian employer must independently qualify for and obtain an Employment Visa in their own right. This requires a new application process, including eligibility for the prevailing minimum salary threshold (Rs. 16.25 lakh per annum as of 2018 MHA guidance, unless exempt), and the sponsorship of the prospective employer. The application must generally be made from abroad at an Indian Mission or Post, as conversion from Entry (X) Visa to Employment Visa within India is not normally permitted outside exceptions for Persons of Indian Origin or certain marriage-based conversions (see MHA guidance, Q15; BOI extension rules).

Exception: Spouses of foreign investors with Permanent Residency Status (PRS)

One major exception is for dependents/spouses of foreign investors who have been granted Permanent Residency Status (PRS) under the 2016 PRS scheme. In this case, MHA guidance specifies that “the spouse and dependents of the foreign investor granted PRS will be allowed to take up employment in private sector on the basis of the PRS with the permission of the FRRO/FRO concerned.” For eligible PRS dependents, the Rs. 16.25 lakh minimum salary restriction for standard Employment Visas does not apply. This is a narrow exception, only for legitimate PRS dependents, confirmed in both MHA notifications and visa FAQs.

Change of status and conversion restrictions

Absent the PRS scenario, conversion from Entry (X) Visa to Employment Visa inside India is not permitted. The MHA FAQs (Q15) confirm that applicants must depart India to apply for an Employment Visa through the standard out-of-country process at an Indian mission. The BOI/FRRO cannot approve conversion independently. The only repeated exception is for Entry (X) Visa holders married to an Indian national, addressed separately in the FAQs.

Practical effect for global mobility

Multinational employers and relocating employees should plan for the fact that spouses and dependents accompanying an assignee to India do not have incidental work rights, and must secure employment and a separate visa on their own merits. Attempting to work on an Entry (X) Visa is a statutory violation under the Foreigners Act, 1946.

Source: Ministry of Home Affairs — FAQs Relating to Work Related Visas Source: Bureau of Immigration — Work in India

India's "Project Visa" (P-Visa) is a specialized work authorization route introduced in 2009 for foreign skilled/trades workers assigned to execute projects in the power and steel sectors. The Ministry of Home Affairs (MHA) is the issuing authority; the framework is defined in the MHA's policy circulars, FAQs, and annual visa announcements. Unlike the general Employment Visa, which is open to all sectors, the Project Visa is narrowly limited to certain categories of infrastructure/industrial projects with strict eligibility and documentary requirements.

Scope — eligible sectors and roles MHA guidance restricts Project Visas to foreign nationals coming to India for execution of specific projects in the "power and steel sectors" sanctioned by the Government of India. The Project Visa is not available for service/maintenance activities, or for projects in other industrial fields (e.g., cement, chemicals, refineries). MHA FAQs and visa policy publications confirm that sectors outside of power and steel (including IT, services, or routine operations) must use the Employment Visa route.

Eligible roles on a Project Visa are limited to highly skilled and qualified personnel: "project managers, engineers/supervisors, and technical staff" assigned to the project site. Unskilled workers or clerical/support staff are explicitly ineligible. The maximum number of Project Visas that may be issued per project and per company is set by the project parameters and MHA guidance, and Indian Missions are instructed to coordinate with the nodal Ministry (Ministry of Power or Steel) before granting Project Visas.

Application process and required documentation Project Visa applicants must apply at an Indian Mission abroad before arrival in India. The application dossier must include:

• Sponsorship letter from the Indian project company;
• Copy of the contract for the specific project between the Indian and foreign entity;
• Justification of the manpower requirement, identifying each position/batch;
• Letters from nodal/sectoral authorities (Ministry of Power/Steel) confirming project status and need for foreign expertise;
• Proof of the applicant's technical qualifications and relevant work experience.

No post-arrival conversion to Project Visa status is permitted. Indian Missions evaluate applications in light of the sectoral and quota restrictions outlined above.

Duration and extension A Project Visa may be granted for the term of the project or up to one year, whichever is less, and is renewable in-country for project duration on demonstration of continuing need and valid project status. The visa links the worker to the specific project and sponsoring employer—no change of employer or project is allowed.

Distinct from Employment Visa; sectoral limitations are binding Attempts to use a Project Visa for non-eligible sectors or for routine employment are prohibited. MHA FAQs make clear: only projects formally recognized by the relevant Ministry, and only in the power and steel sectors, can benefit from this route. For all other assignments/employers, the standard Employment Visa test and salary threshold apply.

Source: Ministry of Home Affairs — FAQs Relating to Work Related Visas Source: Ministry of Home Affairs — Details of Visas Granted by India (Annex III, 2018)

Overseas Citizen of India (OCI) cardholders are foreign nationals who enjoy certain privileges in India under Section 7B of the Citizenship Act, 1955 and associated Ministry of Home Affairs (MHA) notifications. As of September 2019, the Person of Indian Origin (PIO) card scheme was subsumed: all valid PIO cardholders are deemed OCI cardholders for immigration and employment purposes (MHA Gazette Notification SO 5420(E), 17 September 2019).

Material change as of May 2025: PIO card validity ceases after 31 December 2025

A May 2025 Government of India notification states that PIO cards will no longer be accepted for entry into or travel to India after December 31, 2025. All PIO cardholders are required to convert their PIO cards to OCI cards to maintain lawful entry and employment rights. This is a change from prior guidance, which allowed continued recognition of legacy PIO cards. Employers and mobility managers should ensure that any remaining PIO cardholders initiate conversion ahead of the deadline. After December 31, 2025, only valid OCI cards will serve as recognized overseas-Indian status documents for purposes including employment and residency entry.

Work rights — employment (including paid work) is explicitly permitted for OCI cardholders

OCI cardholders are permitted to take up employment in India without the need for an Employment Visa or additional work permit. This right is established in Section 7B(1)(a) of the Citizenship Act, 1955 (as amended), which states: "an OCI cardholder shall be entitled to... (a) work in India, except in matters relating to public employment; ... subject to the provisions of this Act or any other law for the time being in force." The MHA FAQ on OCI specifically confirms: "OCI cardholders are allowed to undertake all types of employment in India except the following: (i) appointment to Government services or posts; (ii) appointment to services requiring security clearance."

OCI status therefore functions as a broad-based work authorization for private-sector employment. Employers do not need to sponsor an Employment Visa for an OCI cardholder, and do not incur the statutory Rs. 16.25 lakh minimum-salary threshold or its documentation regime.

Limitations: Government posts, restricted/protected area notifications, and Indian citizenship rights

OCI cardholders may not:

• Hold constitutionally protected public offices (e.g., President, Prime Minister, Judge of Supreme Court/High Court, Member of Parliament/Legislature);
• Be appointed to posts or services in the government or to any position that requires Indian citizenship by law;
• Take up employment in "restricted" or "protected" areas without a Restricted/Protected Area Permit (RAP/PAP), per Section 7D of the Citizenship Act and MHA guidelines.
• Engage in activities requiring special permit (research, journalism, missionary work, internships at diplomatic missions) without advance approval, per latest MHA circulars.

No requirement for FRRO registration or salary threshold

Unlike Employment Visa holders, OCI cardholders are not subject to FRRO/FRO registration requirements, except where explicitly mandated by security or sectoral regulation (such as employment in research, journalism, or in restricted areas). There is no statutory minimum salary; standard Indian tax law applies where employment in India yields Indian-source income.

Transition from PIO to OCI: PIO cards no longer valid after December 31, 2025

All persons holding PIO cards must convert to OCI cards by December 31, 2025. After this date, PIO cards are no longer recognized for entry into India or for any immigration or employment rights. MHA guidance confirms that employers should treat legacy PIO cards as OCI cards only if conversion has been completed.

Source: Citizenship Act, 1955, Section 7B Source: Ministry of Home Affairs — OCI FAQs Source: MHA Gazette Notifications and PIO/OCI Circulars

Material statutory change: repeal of Foreigners Act, 1946

As of September 1, 2025, the Foreigners Act, 1946—the primary legislative authority for penalizing unauthorized employment of foreign nationals in India—has been repealed and replaced by the Immigration and Foreigners Act, 2025 (No. 12 of 2025). The 2025 Act and its subordinate rules now regulate all aspects of employer compliance, foreign national work authorization, and penalties for unauthorized employment or facilitation thereof.

Transition of employer penalties and blacklisting

Prior to its repeal, Section 14(b) of the Foreigners Act, 1946 provided for:

• Imprisonment up to five years, and/or
• Fine

against any person—including an employer—who knowingly or negligently permitted or facilitated unauthorized foreign employment or other immigration violations.

With the September 2025 repeal, all such offenses, including those relating to employer abetment, notification failures, or allowing unauthorized work, are now covered under the Immigration and Foreigners Act, 2025. Employers must refer to the 2025 Act and current notifications from the Ministry of Home Affairs (MHA) and the Bureau of Immigration (BOI) for the operative penalty regime.

Blacklisting and administrative sanctions

The legacy regime permitted the Ministry of Home Affairs and BOI to administratively refuse future visa sponsorship requests by employers found to have violated the law ("blacklisting"). The Immigration and Foreigners Act, 2025 continues to authorize administrative sanctions, but practitioners must consult the text of the new Act and implementing rules for current protocols, penalty schedules, and the scope of blacklisting. The MHA and BOI have not, as of June 2026, published a comprehensive new employer-blacklist or public guidance specifying blacklisting criteria or procedures under the new Act.

Where the new authority is silent

As of June 2026, the Ministry of Home Affairs has not issued public-facing guidance outlining the detailed administrative process for employer penalties, blacklisting periods, or sector-specific enforcement under the Immigration and Foreigners Act, 2025. Companies are advised to review the bare text of the 2025 Act and check for subsequent notifications as practice evolves under the new regime.

Authority shift—guidance as of June 2026

All employer compliance, sanctions, and procedures for foreign employment in India after September 1, 2025, are governed exclusively by the Immigration and Foreigners Act, 2025 and its implementing rules and circulars.

Source: Immigration and Foreigners Act, 2025 – Ministry of Home Affairs Source: Bureau of Immigration — Work in India Source: Repeal of Foreigners Act, 1946 as notified by MHA

The India Research Visa (R-Visa) allows foreign nationals to conduct academic research, fieldwork, and scholarly assignments at recognized Indian universities or approved research institutions. The R-Visa is distinct from the standard Employment Visa or Project Visa and is intended solely for research—not for regular salaried work or consultancy with an Indian employer.

Eligibility and permitted activities An R-Visa can be issued to foreign researchers, professors, academics, and students undertaking structured research, collaborative projects, field surveys, or visiting scholar assignments, provided these occur with the sponsorship and formal invitation of a recognized Indian institution. Ministry of Home Affairs (MHA) guidance and the Bureau of Immigration confirm the scope includes government-approved research projects, MOU-based collaborations, academic fieldwork, and delivery of lectures or seminars integral to such research. Employment or salaried appointments must instead use the Employment Visa category; the R-Visa is not for standard teaching posts or routine staff roles. (See MHA Annex III, 2018.)

Application process and MHA clearance requirements Applicants must supply a detailed research plan (project synopsis), their academic CV, and an official invitation or admission letter from the Indian host. The host institution must generally provide a “no objection” or sponsorship letter outlining the project’s relevance and confirming support. Applications for R-Visas are subject to scrutiny and clearance by the Ministry of Home Affairs. Areas or topics deemed sensitive (such as those in Northeast India or border states, or topics of national security interest) will trigger further review and may require additional endorsements from the relevant line ministry. Research involving travel to “restricted” or “protected” areas explicitly requires a Restricted Area Permit (RAP) or Protected Area Permit (PAP) in advance, as set out in the cited Bureau of Immigration and MHA guidance.

Visa validity, renewals, and FRRO compliance R-Visas are customarily granted for the period of the research assignment or for up to five years, whichever is less, as stated in the Bureau of Immigration’s official summary. Extensions may be possible only with ongoing institutional support and repeated MHA clearance, but there is no single published procedure for changes in topic, institution, or funding source—official guidance is silent as of June 2026. For durations exceeding 180 days, FRRO or FRO registration remains mandatory within 14 days of arrival, in line with the Registration of Foreigners Rules, 1992, as referenced in MHA publications.

Funding and remuneration restrictions The R-Visa does not authorize standard employment or paid work. MHA guidance makes clear that funding should come via research grants, fellowships, or stipends paid by a foreign institution, sponsoring body, or the Indian host. Routine salaried posts or roles that function as employment will not be approved under the R-Visa category.

Areas of silence Where the sources are silent—such as for procedures if a researcher changes host institutions, or any possible exceptions for “short” salaried research appointments—these facts are unconfirmed as of 2026-06-17.

Source: Bureau of Immigration — Research Visa Source: Ministry of Home Affairs — Details of Visas Granted by India (Annex III, 2018)

India's E-Visa (Electronic Visa) program provides a streamlined route for foreign nationals to enter India for short-term business purposes without obtaining a traditional visa from an Indian Mission. The E-Business Visa, the relevant subcategory for global mobility practitioners, is governed by the Bureau of Immigration (BOI) and Ministry of Home Affairs (MHA) guidance, with applications and terms set out at the official E-Visa portal.

Permitted Activities under E-Business Visa According to the BOI, the E-Business Visa is granted for the following activities:

• Attending business meetings or technical discussions
• Setting up an industrial or business venture
• Attending sales/purchase negotiations
• Participating in exhibitions or business/trade fairs
• Acting as an expert or specialist for an ongoing project (without being engaged in actual execution)
• Conducting site visits
• Recruitment of manpower

The E-Business Visa does not allow the holder to take up paid employment, receive remuneration from an Indian source, or engage in technical jobs that require an Employment Visa. Activities beyond those expressly listed are not authorized under this visa category.

Duration, Entry, and Registration The E-Business Visa may be granted for up to 365 days with multiple entries permitted. However, the maximum stay on any single visit is 180 days. If the foreign national intends to stay for a period exceeding 180 days, registration with the FRRO or FRO is mandatory within 14 days of crossing the 180-day threshold. The E-Business Visa cannot be extended or converted to another category in India, according to BOI guidance.

Prohibited Uses and Limitations The E-Business Visa is strictly for the activities enumerated in official BOI and MHA guidance. It does not permit any form of salaried employment, project execution, or technical work for which an Employment Visa is required. Use of an E-Tourist or E-Medical Visa for business or employment activity is also prohibited.

Where BOI or MHA sources are silent, no further exceptions or procedures are confirmed as of 2026-06-17.

Source: Bureau of Immigration — E-Visa Instructions Source: Bureau of Immigration — E-Visa FAQ

Indian law requires employers to promptly notify authorities when a foreign national’s employment in India ends, as part of the conditions for lawful sponsorship of an Employment Visa. The Bureau of Immigration (BOI) and the Foreigners Act, 1946, together set out mandatory reporting requirements and penalties for non-compliance, but do not publish all procedural details or grace periods in statute or official guidance as of June 2024.

Employer notification duty

Upon cessation of employment—by resignation, dismissal, or assignment completion—the employer must notify the jurisdictional Foreigners Regional Registration Office (FRRO) or Foreigners Registration Office (FRO) without delay. The BOI’s "Work in India" guidance states: "Employer must intimate the jurisdictional FRRO/FRO concerned about cessation of employment of a foreign national being employed by them immediately after cessation of the employment." This is an explicit compliance condition linked to visa sponsorship. (BOI, "Work in India")

Effect on Employment Visa and employee obligations

An Employment Visa in India is employer- and activity-specific. When employment ends, the visa generally ceases to be valid. The foreign national must leave India unless authorized under a new, lawful basis. Both BOI and the Foreigners Act, 1946, make clear that unauthorized stay or work after the cessation of employment is a violation. Section 14(b) of the Foreigners Act prescribes penalties for a foreigner who “remains in any area in India for a period exceeding the period for which the visa was issued to him,” with potential imprisonment for up to five years and a fine. There is no published law or regulation establishing a fixed grace period for departure after employment ceases—while short practical grace periods may be given in practice, this is not guaranteed or laid out in statute or official BOI guidance as of June 2024.

Procedural mechanics and risk

The BOI and MHA do not publish a model notification form, exit procedure, or detailed protocol for visa cancellation in open guidance. In practice (based on employer and practitioner experience), once notified, the FRRO/FRO updates immigration records, and foreign nationals may be required to return their Residential Permit and secure an exit endorsement before leaving. However, these steps are not prescribed in the cited law or official guidance. Employers who do not notify authorities may be seen as facilitating unlawful stay or work—a risk explicitly referenced in BOI’s "Work in India" guidance. Section 14 of the Foreigners Act extends penalties to anyone who "abets" or "permits" violations by foreign nationals. Although blacklisting of an employer for future sponsorship is mentioned as a risk in some government communications, there is no formally published government list or procedural protocol in law or BOI guidance as of June 2024.

Where authority is silent

Where MHA or BOI are silent—for example, on minimum notification language, deadlines, or employer/employee dispute procedure—no further requirements or procedures are confirmed as of 2024-06-17.

Source: Bureau of Immigration — Work in India Source: Foreigners Act, 1946 (as amended)

India does not operate a dedicated "Startup Visa" or entrepreneur founder visa scheme as of June 2026 according to published guidance from the Ministry of Home Affairs (MHA), Bureau of Immigration (BOI), and the Department for Promotion of Industry and Internal Trade (DPIIT). International investors and foreign founders seeking to establish or work in a new startup in India must rely on the general Employment Visa or Business Visa regimes, as governed by MHA and BOI policy documents.

No standalone Startup Visa route published by MHA or Startup India

While the "Startup India" initiative, administered by DPIIT, provides substantial recognition and benefits to eligible Indian startups (tax incentives, compliance relaxations, access to government funding and tenders), it does not provide a separate work authorization path for non-citizen founders or workers. MHA’s comprehensive FAQs, BOI visa-category lists, and Startup India’s official scheme documentation make no reference to a unique or streamlined visa application track for startup founders analogous to those in the UK, Singapore, or Australia. The DPIIT Startup Recognition certificate is only available to companies incorporated in India, and does not in itself confer the right of residence or employment for foreign directors or founders.

Visa options for foreign founders: Business and Employment Visas

Foreign founders who wish to be resident and work in their own startup in India must still meet the requirements for an Employment Visa (with the Rs. 16.25 lakh minimum salary threshold, as covered in other sections) or, for short-term exploratory or board-level activity, a Business Visa. All routine immigration and visa restrictions—including prohibited use of a Business Visa for salaried operational roles, and the ban on in-country category switching for general cases—apply equally to startup founders. No exception is provided for DPIIT-recognized entities; successful registration as a Startup under DPIIT does not waive the Employment Visa process for foreign nationals seeking to work full-time in India.

Pilots, announcements, and absence of formal rules

Various media and official press statements have, on occasion, referenced the government’s intent to introduce a formal startup/entrepreneur visa scheme to attract foreign founders, but as of June 2026, neither MHA nor DPIIT nor BOI publish an active scheme or application route. Prospective foreign founders must use established visa channels and comply with the same statutory and salary requirements as any other foreign employee or investor.

Where authority is silent

Unable to confirm as of 2026-06-18 any current official rule or published government application process for a Startup Visa or fast-track founder work permit in India.

Source: Startup India — Official Government Scheme site Source: BOI — Visa Categories (Business, Employment, Project, Research) Source: Ministry of Home Affairs — Work-related Visa FAQs