Employment Visa requirement — no separate work permit
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
Employment Visa salary threshold — Rs. 16.25 lakh minimum with exemptions
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:
- 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.
- 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.
- 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.
- 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."
- 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
Business Visa — permitted activities and the prohibition on full-time employment
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:
- Full-time employment with an Indian company requires an Employment Visa.
- Remuneration or salary for work performed in India generally triggers the Employment Visa requirement.
- Project execution and contracts require an Employment Visa, not a Business Visa.
- 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)