• 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

Law360: How A New Case Redefines The Birthright Citizenship Battle

Partner Daniel Pierce and Senior Associate Daniel D. Schaeffer examine US birthright citizenship challenges and the implications of recent court rulings for nationwide relief in immigration litigation.

Learn more

Video

What Is ESTA? Five Common Mistakes to Avoid When Traveling to the US

Los Angeles Partner Emily Allen explains what ESTA is, who may be eligible under the US Visa Waiver Program and five common mistakes travelers should avoid when visiting the United States for business or tourism.

Learn more
Generic Insights

Fragomen news

Case Study: Securing a Positive Outcome in a Complex Adult Dependent Relative Appeal

Fragomen supported an Adult Dependent Relative applicant through a complex appeal, using coordinated medical and social care evidence to demonstrate his holistic care needs before the Home Office withdrew its refusal and indicated that the application would be granted.

Learn more

Blog post

Moving Talent, Moving Families: Navigating Family Reunification in Europe

Senior Manager Andreia Ghimis and Senior Immigration Consultant Louise Farren explore how family reunification rules across Europe can affect international moves and why employers should assess family eligibility, immigration requirements and likely timelines alongside an employee’s work authorization.

Learn more

Media mentions

Business Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.

Partner Aaron Blumberg discusses how a proposed $70,000 fee for international students seeking US work authorization could affect students, universities and employers.

Learn more

Blog post

How to Qualify for Permanent Residence and Polish Citizenship

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek outline the principal pathways to permanent residence and Polish citizenship, including key residence, language and income considerations and potential future reforms.

Learn more

Fragomen news

Comment on USCIS Mandatory Electronic Filing RuleLearn more

Fragomen news

Fragomen Collaboration Selected as 2026 European Labour Authority Good Practice

Fragomen, together with SICPA and Deutsche Rentenversicherung Bund, has been selected by the European Labour Authority as a 2026 Good Practice for an EU-funded WE BUILD use case exploring how digital identity solutions could help transform PD A1 processes and support cross-border labour mobility in Europe.

Learn more

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more

Media mentions

Citeline: The People Behind The Pipeline: How The Global Race For Talent Is Reshaping Pharma

Partners Rajiv Naik and Hyla Kaplan Rosenberg explore how global talent policies are reshaping the biopharma industry.

Learn more

Video

Healthcare Horizons: Open Enrollment - a J-1 Trap? | #MobilityMinute

Counsel Christopher L. Wendt discusses why J-1 exchange visitors should carefully evaluate health insurance options during open enrollment and how a proposed Department of State rule could increase the consequences of selecting coverage that does not meet applicable requirements.

Learn more

Fragomen news

2026 年9月アメリカ移民法ダイジェストLearn more

Media mentions

Law360: How A New Case Redefines The Birthright Citizenship Battle

Partner Daniel Pierce and Senior Associate Daniel D. Schaeffer examine US birthright citizenship challenges and the implications of recent court rulings for nationwide relief in immigration litigation.

Learn more

Video

What Is ESTA? Five Common Mistakes to Avoid When Traveling to the US

Los Angeles Partner Emily Allen explains what ESTA is, who may be eligible under the US Visa Waiver Program and five common mistakes travelers should avoid when visiting the United States for business or tourism.

Learn more
Generic Insights

Fragomen news

Case Study: Securing a Positive Outcome in a Complex Adult Dependent Relative Appeal

Fragomen supported an Adult Dependent Relative applicant through a complex appeal, using coordinated medical and social care evidence to demonstrate his holistic care needs before the Home Office withdrew its refusal and indicated that the application would be granted.

Learn more

Blog post

Moving Talent, Moving Families: Navigating Family Reunification in Europe

Senior Manager Andreia Ghimis and Senior Immigration Consultant Louise Farren explore how family reunification rules across Europe can affect international moves and why employers should assess family eligibility, immigration requirements and likely timelines alongside an employee’s work authorization.

Learn more

Media mentions

Business Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.

Partner Aaron Blumberg discusses how a proposed $70,000 fee for international students seeking US work authorization could affect students, universities and employers.

Learn more

Blog post

How to Qualify for Permanent Residence and Polish Citizenship

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek outline the principal pathways to permanent residence and Polish citizenship, including key residence, language and income considerations and potential future reforms.

Learn more

Fragomen news

Comment on USCIS Mandatory Electronic Filing RuleLearn more

Fragomen news

Fragomen Collaboration Selected as 2026 European Labour Authority Good Practice

Fragomen, together with SICPA and Deutsche Rentenversicherung Bund, has been selected by the European Labour Authority as a 2026 Good Practice for an EU-funded WE BUILD use case exploring how digital identity solutions could help transform PD A1 processes and support cross-border labour mobility in Europe.

Learn more

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more

Media mentions

Citeline: The People Behind The Pipeline: How The Global Race For Talent Is Reshaping Pharma

Partners Rajiv Naik and Hyla Kaplan Rosenberg explore how global talent policies are reshaping the biopharma industry.

Learn more

Video

Healthcare Horizons: Open Enrollment - a J-1 Trap? | #MobilityMinute

Counsel Christopher L. Wendt discusses why J-1 exchange visitors should carefully evaluate health insurance options during open enrollment and how a proposed Department of State rule could increase the consequences of selecting coverage that does not meet applicable requirements.

Learn more

Fragomen news

2026 年9月アメリカ移民法ダイジェスト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
October 14, 2026 | KuwaitKuwait: New Wage Payment and Protection System Launched
October 15, 2026 | United StatesLaw360: How A New Case Redefines The Birthright Citizenship Battle
October 15, 2026 | MalaysiaMalaysia: Companies Reminded to Update Exit Clearance Records and Complete Pass Cancellations; New iKAD Arrangement
October 15, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
October 14, 2026 | United StatesCDC Extends Entry Ban for Foreign Nationals Recently in DR Congo, Uganda, or South Sudan for Another 30 Days; U.S. Citizen Travel Restrictions Remain in Effect
October 14, 2026 | KuwaitKuwait: New Wage Payment and Protection System Launched
October 15, 2026 | United StatesLaw360: How A New Case Redefines The Birthright Citizenship Battle
October 15, 2026 | MalaysiaMalaysia: Companies Reminded to Update Exit Clearance Records and Complete Pass Cancellations; New iKAD Arrangement
October 15, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
October 14, 2026 | United StatesCDC Extends Entry Ban for Foreign Nationals Recently in DR Congo, Uganda, or South Sudan for Another 30 Days; U.S. Citizen Travel Restrictions Remain in Effect
October 14, 2026 | KuwaitKuwait: New Wage Payment and Protection System Launched
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.