Important Updates
Important Updates
November 26, 2025 | United StatesUnited States: DHS Announces Termination of Temporary Protected Status for Haiti
November 26, 2025 | New ZealandNew Zealand: Proof of Police Clearance Certificate Requests No Longer Accepted for Accredited Employer Work Visas
November 26, 2025 | PeruPeru: Delays in Adjudication of In-Country Visa Applications
November 26, 2025 | SingaporeSingapore: COMPASS Lists of Educational Qualifications and Awarding Institutions Updated for 2026
November 26, 2025 | SwitzerlandSwitzerland: Possible Quotas for Locally-employed Croatian Nationals for 2026
November 26, 2025 | United StatesUnited States: DHS Announces Termination of Temporary Protected Status for Haiti
November 26, 2025 | New ZealandNew Zealand: Proof of Police Clearance Certificate Requests No Longer Accepted for Accredited Employer Work Visas
November 26, 2025 | PeruPeru: Delays in Adjudication of In-Country Visa Applications
November 26, 2025 | SingaporeSingapore: COMPASS Lists of Educational Qualifications and Awarding Institutions Updated for 2026
November 26, 2025 | SwitzerlandSwitzerland: Possible Quotas for Locally-employed Croatian Nationals for 2026
November 26, 2025 | United StatesUnited States: DHS Announces Termination of Temporary Protected Status for Haiti
Subscribe
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
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView 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

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • 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
  • 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

Video

Vuvuzelas, Visas and Victory - Moving Football Across Africa | #FragomenFC - Ep. 12

Rick Lamanna, Jake Paul Minster and Lunga Mani discuss Africa’s path to the 2026 World Cup.

Learn more

Media mentions

Bloomberg: UK to Create New Fast-Track Residency Path for High-Earners

Partner Louise Haycock notes that the UK’s new fast-track residency route for high earners could affect how businesses plan for immigration costs.

Learn more

Blog post

Georgia Immigration Reform 2025: New Residence Permit Scrutiny for Foreign Nationals

Senior Manager Zaur Gasimov outlines Georgia’s stricter residence-permit requirements and enhanced monitoring measures introduced under the country’s 2025 immigration reforms.

Learn more

Media mentions

Times Higher Education: Hertfordshire Latest to Be Placed on Student Visa ‘Action Plan’

Senior Manager Jonathan Hill explains why more UK universities are on UKVI student visa action plans and how extended timeframes help them address compliance issues.

Learn more

Media mentions

Gazeta Prawna: Cyfrowy odwrót. Wojewodowie chcą odzyskać kontrolę nad kolejkami

Partner Karolina Schiffter explains why Poland has paused online residence permit bookings and returned to paper-based submissions.

Learn more

Blog post

Swiss Immigration Quotas for 2026: What Employers and Workers Need to Know

Senior Manager Ana Bessa Santos outlines Switzerland’s 2026 immigration quotas and what employers should expect across non-EU/EFTA, EU/EFTA and UK permit categories.

Learn more

Blog post

UAE Updates Residency Rules to Support Residents Following Marital Status Changes

Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse

Learn more

Blog post

USCIS Lowers EB-5 Filing Fees After Court Ruling

Partner Rahul Soni outlines USCIS’ decision to reduce EB-5 filing fees following a federal court ruling that invalidates the agency’s 2024 fee increases.

Learn more

Media mentions

Construction Management: Illegal Working in Construction: Expanding Right to Work Checks

Manager Clara Gautrais and Immigration Paralegal Sean Pearce highlight how the UK government’s consultation on expanding right to work checks could affect construction employers.

Learn more

Awards

China Managing Partner Becky Xia Named Among the "Top 100 Most Influential Chinese Elites for 2025" by Forbes China

China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.

Learn more

Awards

Fragomen Recognised on The Times’ 2026 Best Law Firms List

Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.

Learn more

Blog post

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

Learn more

Video

Vuvuzelas, Visas and Victory - Moving Football Across Africa | #FragomenFC - Ep. 12

Rick Lamanna, Jake Paul Minster and Lunga Mani discuss Africa’s path to the 2026 World Cup.

Learn more

Media mentions

Bloomberg: UK to Create New Fast-Track Residency Path for High-Earners

Partner Louise Haycock notes that the UK’s new fast-track residency route for high earners could affect how businesses plan for immigration costs.

Learn more

Blog post

Georgia Immigration Reform 2025: New Residence Permit Scrutiny for Foreign Nationals

Senior Manager Zaur Gasimov outlines Georgia’s stricter residence-permit requirements and enhanced monitoring measures introduced under the country’s 2025 immigration reforms.

Learn more

Media mentions

Times Higher Education: Hertfordshire Latest to Be Placed on Student Visa ‘Action Plan’

Senior Manager Jonathan Hill explains why more UK universities are on UKVI student visa action plans and how extended timeframes help them address compliance issues.

Learn more

Media mentions

Gazeta Prawna: Cyfrowy odwrót. Wojewodowie chcą odzyskać kontrolę nad kolejkami

Partner Karolina Schiffter explains why Poland has paused online residence permit bookings and returned to paper-based submissions.

Learn more

Blog post

Swiss Immigration Quotas for 2026: What Employers and Workers Need to Know

Senior Manager Ana Bessa Santos outlines Switzerland’s 2026 immigration quotas and what employers should expect across non-EU/EFTA, EU/EFTA and UK permit categories.

Learn more

Blog post

UAE Updates Residency Rules to Support Residents Following Marital Status Changes

Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse

Learn more

Blog post

USCIS Lowers EB-5 Filing Fees After Court Ruling

Partner Rahul Soni outlines USCIS’ decision to reduce EB-5 filing fees following a federal court ruling that invalidates the agency’s 2024 fee increases.

Learn more

Media mentions

Construction Management: Illegal Working in Construction: Expanding Right to Work Checks

Manager Clara Gautrais and Immigration Paralegal Sean Pearce highlight how the UK government’s consultation on expanding right to work checks could affect construction employers.

Learn more

Awards

China Managing Partner Becky Xia Named Among the "Top 100 Most Influential Chinese Elites for 2025" by Forbes China

China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.

Learn more

Awards

Fragomen Recognised on The Times’ 2026 Best Law Firms List

Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.

Learn more

Blog post

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

Learn more

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
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

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

© 2025 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.