• Insights

Employer Sponsorship Obligations for Indian Visas

February 28, 2014

Marco Deutsch

Country / Territory

  • IndiaIndia

Related offices

  • Bengaluru
  • Kochi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Bengaluru
  • Kochi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Bengaluru
  • Kochi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Shanker Menon

When employing a foreign national in India, companies have many obligations to fulfill to remain compliant with Indian immigration regulations.
 
To start with, foreign nationals can only enter India on an employment visa, which must be sponsored by a registered Indian company. The sponsoring entity can either be the Indian subsidiary of the foreign national’s employer or an Indian client of the employer. The sponsoring entity has to fulfil certain obligations before they can bring the foreign national to India.
 
Recent updates have clarified that the Indian sponsoring entity does not become the legal employer of the individuals holding the employment visas unless they are direct or local hires, wherein the sponsor and the employer are one and the same.
 
As Indian employment visas are employer-specific and location-specific, the sponsoring entity must be a registered company in India with a local presence or client’s office at the location where the foreign national is expected to work. Consular and immigration officials will consider the availability of local talent who can perform the role that the foreign national is proposed to undertake. An employment visa will only be issued if there is no suitable Indian national available. The sponsoring entity may be required to provide a labor market test as part of the employment visa application process to prove the same.
 
In the event that the Indian company decides to hire a foreign national currently in India, they must ensure that the immigration status of the individual is updated to disclose that the foreign national is now under their sponsorship.
 
Indian employment visas are issued to highly-skilled specialists, managers and executives or applicants with considerable work experience, and so sponsoring entities have to ensure that they evaluate the foreign national’s credentials prior to the start of the assignment. They must also ensure that these qualifications are maintained throughout the validity of the employment visa. Documentary evidence of the foreign national’s education, skills and experience is more often than not required as part of the visa application.
 
There is a minimum salary requirement of USD 25,000 per annum and the sponsoring entity must ensure that the applicant meets the same in order for the visa to be approved. Sponsoring entities are responsible for the individual while they are in India including the assessment, deduction and remittance of their appropriate income tax to the Indian government.
 
Additionally, the sponsoring entity needs to ensure that the foreign national and any accompanying dependents are not a financial burden on the Indian government by providing a declaration, signed by an Indian national, that guarantees the financial undertaking for the duration of the assignment.
 
The sponsoring entity must issue a contract of employment and provide all the supporting documents for employment visa processing and in-country immigration processes, such as registrations and any visa extensions at the Foreigners Regional Registration Office (FRRO) / Foreigners Registration Office (FRO).
 
In the unfortunate event of the foreign national’s death in India, the sponsor must ensure that the death is reported to the immigration authorities, all legal obligations in India are upheld, and the remains and possessions of the deceased are sent back to the next of kin in the home country. Accompanying dependents should be repatriated.
 
The sponsor must ensure good conduct and decorum of all sponsored foreign nationals, including accompanying dependents. If these foreign nationals are found non-compliant, the sponsor must ensure their repatriation.
 
In the event of termination or resignation, the sponsor’s financial undertaking needs to be discharged by submitting an application at the FRRO / FRO.
 
In summary, the regulations require that an application for an Indian employment visa is supported by an Indian corporate sponsor, which must issue a contract of employment and provide all the supporting documents for employment visa processing, foreigner registration, and visa extensions.
 
As the visa is employer and location specific, the visa holder is required to work and live in the same location as the sponsoring entity. This is regulated by the endorsement of the entity's name and the work location on their visa.
 
The general practice indicates that authorities deem the sponsoring entity to be responsible for the individual while they are in India, including assessment, deduction and remittance of the appropriate income tax and steps to repatriate them as needed.
 
If the company has no corporate presence in India (an incorporated entity), the host / agent company in India is required to sponsor the employment visa applications and undertake all activities and responsibilities described above.

Country / Territory

  • IndiaIndia

Related offices

  • Bengaluru
  • Kochi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Bengaluru
  • Kochi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Bengaluru
  • Kochi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Dubai Eye 103.8: Partner Ali Haider Joins The Agenda to Discuss Immigration Trends

Partner Ali Haider discusses immigration trends, visa appointments and the UAE’s continued efforts to attract global talent and investment.

Learn more

Blog post

Expanded Right-To-Work Scheme 2026: What UK Airlines and Aviation Contractors Need to Know

In their latest blog, Manager Adam Hickling and Immigration Consultant Daisy Dale examine the proposed changes, airline-specific risk scenarios and the practical steps organisations should consider before October.

Learn more

Fragomen news

Fragomen and SICPA’s Digital Identity Joint Venture Expands Ecosystem Through Strategic Collaboration with IDEMIA Public Security

Fragomen and SICPA’s digital identity joint venture expands its capabilities through a strategic collaboration with IDEMIA Public Security.

Learn more

Fragomen news

2026 年8月米国移民法ダイジェスト Learn more
Generic Insights

Blog post

APAC Immigration Landscape: Governments Are Using Immigration Policy to Advance National Priorities

In a new blog accompanying our Regional Immigration Overviews, Partner Kenneth Lau explores the key trends shaping the APAC immigration landscape and what they could mean for employers planning their global workforce strategies.

Learn more

Video

Brazil’s Private Investor Visa: What You Need to Know

Partner Diana Quintas outlines key requirements and considerations for Brazil’s Private Investor Visa, including investment thresholds, documentation and the application process.

Learn more

Blog post

Global Talent Visa Expansion: What the Expanded UKRI Endorsed Funder List Means for the Creative Sector

In this blog, Senior Manager Sean Rhodes and Associate Miłosz Skorupski break down what has changed, who may benefit and what organizations should consider next following the UK government’s expansion of the Global Talent visa’s endorsed funder pathway.

Learn more

Media mentions

AIP: Trump Administration Proposes New Six-Figure H-1B Fee

Partner Bo Cooper discusses the potential impact of the proposed $103,265 fee for cap-subject H-1B petitions on US employers and international talent in AIP.

Learn more
Generic Insights

Blog post

Luxury Retail’s Evolving Talent Needs: When Business-Critical Skills Don’t Fit Traditional Immigration Categories

In our latest blog, Canada Managing Partner Cosmina Morariu explores how aligning mobility with talent planning can help brands deploy critical expertise where it is needed.

Learn more

Podcast

Moving HQ to the Middle East: A Success Perspective with VEON - Beyond Borders Series | The Immigration Conversation

Partner Ali Haider and Director Shoaib Khaleeli speak with VEON Chief People Officer Jameel Asghar about leadership, future-ready talent, organisational resilience and VEON’s decision to relocate its headquarters to Dubai.

Learn more

Media mentions

Financial Times: Trump Administration Pauses Immigrant Visa Applications

Senior US Consular Manager Brian Simmons discusses the impact of the Trump administration’s worldwide pause on immigrant visa applications and the disruption caused by last-minute interview cancellations in the Financial Times.

Learn more

Blog post

Latin America’s Evolving Mobility Landscape: Opportunity and Complexity Advancing Together

Latin America and the Caribbean Managing Partner Leonor Echeverria explores how stronger compliance expectations, processing constraints and increasingly fragmented immigration policies are reshaping workforce mobility across the region—and where new pathways for specialized talent are emerging.

Learn more

Media mentions

Dubai Eye 103.8: Partner Ali Haider Joins The Agenda to Discuss Immigration Trends

Partner Ali Haider discusses immigration trends, visa appointments and the UAE’s continued efforts to attract global talent and investment.

Learn more

Blog post

Expanded Right-To-Work Scheme 2026: What UK Airlines and Aviation Contractors Need to Know

In their latest blog, Manager Adam Hickling and Immigration Consultant Daisy Dale examine the proposed changes, airline-specific risk scenarios and the practical steps organisations should consider before October.

Learn more

Fragomen news

Fragomen and SICPA’s Digital Identity Joint Venture Expands Ecosystem Through Strategic Collaboration with IDEMIA Public Security

Fragomen and SICPA’s digital identity joint venture expands its capabilities through a strategic collaboration with IDEMIA Public Security.

Learn more

Fragomen news

2026 年8月米国移民法ダイジェスト Learn more
Generic Insights

Blog post

APAC Immigration Landscape: Governments Are Using Immigration Policy to Advance National Priorities

In a new blog accompanying our Regional Immigration Overviews, Partner Kenneth Lau explores the key trends shaping the APAC immigration landscape and what they could mean for employers planning their global workforce strategies.

Learn more

Video

Brazil’s Private Investor Visa: What You Need to Know

Partner Diana Quintas outlines key requirements and considerations for Brazil’s Private Investor Visa, including investment thresholds, documentation and the application process.

Learn more

Blog post

Global Talent Visa Expansion: What the Expanded UKRI Endorsed Funder List Means for the Creative Sector

In this blog, Senior Manager Sean Rhodes and Associate Miłosz Skorupski break down what has changed, who may benefit and what organizations should consider next following the UK government’s expansion of the Global Talent visa’s endorsed funder pathway.

Learn more

Media mentions

AIP: Trump Administration Proposes New Six-Figure H-1B Fee

Partner Bo Cooper discusses the potential impact of the proposed $103,265 fee for cap-subject H-1B petitions on US employers and international talent in AIP.

Learn more
Generic Insights

Blog post

Luxury Retail’s Evolving Talent Needs: When Business-Critical Skills Don’t Fit Traditional Immigration Categories

In our latest blog, Canada Managing Partner Cosmina Morariu explores how aligning mobility with talent planning can help brands deploy critical expertise where it is needed.

Learn more

Podcast

Moving HQ to the Middle East: A Success Perspective with VEON - Beyond Borders Series | The Immigration Conversation

Partner Ali Haider and Director Shoaib Khaleeli speak with VEON Chief People Officer Jameel Asghar about leadership, future-ready talent, organisational resilience and VEON’s decision to relocate its headquarters to Dubai.

Learn more

Media mentions

Financial Times: Trump Administration Pauses Immigrant Visa Applications

Senior US Consular Manager Brian Simmons discusses the impact of the Trump administration’s worldwide pause on immigrant visa applications and the disruption caused by last-minute interview cancellations in the Financial Times.

Learn more

Blog post

Latin America’s Evolving Mobility Landscape: Opportunity and Complexity Advancing Together

Latin America and the Caribbean Managing Partner Leonor Echeverria explores how stronger compliance expectations, processing constraints and increasingly fragmented immigration policies are reshaping workforce mobility across the region—and where new pathways for specialized talent are emerging.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
September 2, 2026 | United StatesState Department to Resume Diversity Visa Issuance
September 3, 2026 | MexicoMexico: Processing Delays Impacting Immigration Timelines
September 3, 2026 | NepalNepal: Electronic Travel Authorization System Fully Implemented
September 2, 2026 | United Arab EmiratesDubai Eye 103.8: Partner Ali Haider Joins The Agenda to Discuss Immigration Trends
September 2, 2026 | 🌐Fragomen and SICPA’s Digital Identity Joint Venture Expands Ecosystem Through Strategic Collaboration with IDEMIA Public Security
September 2, 2026 | United StatesState Department to Resume Diversity Visa Issuance
September 3, 2026 | MexicoMexico: Processing Delays Impacting Immigration Timelines
September 3, 2026 | NepalNepal: Electronic Travel Authorization System Fully Implemented
September 2, 2026 | United Arab EmiratesDubai Eye 103.8: Partner Ali Haider Joins The Agenda to Discuss Immigration Trends
September 2, 2026 | 🌐Fragomen and SICPA’s Digital Identity Joint Venture Expands Ecosystem Through Strategic Collaboration with IDEMIA Public Security
September 2, 2026 | United StatesState Department to Resume Diversity Visa Issuance
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.