Important Updates
Important Updates
October 23, 2025 | 🌐Fragomen Wins 2025 FEM EMEA “Best Partnership” EMMA for Collaboration with TBB
October 24, 2025 | United StatesBloomberg Law: US Chamber Turns Trump Foe in Rare Split Over $100,000 H-1B Fee
October 24, 2025 | PeruPeru: Technical Issues Affecting Online Visa Renewal Applications
October 24, 2025 | United StatesUnited States: What Employers and Foreign Nationals Need to Know about the New H-1B Fee
October 23, 2025 | Costa RicaCosta Rica: Processing Delays for Residence Card Issuance
October 23, 2025 | 🌐Fragomen Wins 2025 FEM EMEA “Best Partnership” EMMA for Collaboration with TBB
October 24, 2025 | United StatesBloomberg Law: US Chamber Turns Trump Foe in Rare Split Over $100,000 H-1B Fee
October 24, 2025 | PeruPeru: Technical Issues Affecting Online Visa Renewal Applications
October 24, 2025 | United StatesUnited States: What Employers and Foreign Nationals Need to Know about the New H-1B Fee
October 23, 2025 | Costa RicaCosta Rica: Processing Delays for Residence Card Issuance
October 23, 2025 | 🌐Fragomen Wins 2025 FEM EMEA “Best Partnership” EMMA for Collaboration with TBB
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

Media mentions

Bloomberg Law: US Chamber Turns Trump Foe in Rare Split Over $100,000 H-1B Fee

Partner Carl Hampe provides insight on the impact of the $100,000 H-1B fee and the US Chamber of Commerce’s related lawsuit.

Learn more

Awards

Fragomen Wins 2025 FEM EMEA “Best Partnership” EMMA for Collaboration with TBB

Fragomen was honoured with the “Best Partnership Between a Corporate Organization and a Service Provider” EMMA at FEM's 2025 EMEA Summit.

Learn more

Media mentions

Global Mobility Lawyer: DOL Flags Immigration Crackdown as Risk to Food Supply

Partner Rachel Beardsley highlights how H-2A visa strategies can help sustain a skilled US agricultural workforce.

Learn more

Blog post

Intra-African Mobility: Unlocking the Continent’s Promise Through Free Movement

Director Willys Mac’Olale discusses how intra-African mobility can unlock the continent’s economic and social potential by promoting free movement, fostering integration and development.

Learn more

Blog post

Costa Rica Family Relocation: Understanding Residency for Dependents

Immigration Director Adriana Martínez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.

Learn more

Media mentions

Financial Times: Scientists Charged Too Much to Come to Work in UK, Says Royal Society

Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.

Learn more

Fragomen news

Fragomen Contributes to Migration Observatory Report on Gender and Migration in the UK

Fragomen supported this report, which explores how gender shapes migration patterns, visa routes, employment and settlement in the UK.

Learn more

Blog post

Polish Citizenship Rules Under Review: What the Proposed Amendments Mean

Senior Associate Tomasz Rdzanek or Poland Immigration Strategy Director Tomasz Rogala discuss proposed changes to Poland’s citizenship law aimed at simplifying eligibility and clarifying naturalisation procedures for foreign nationals.

Learn more

Video

Oman Introduces a Golden Visa Program | #MobilityMinute

Manager David Makau discusses Oman's recent introduction of a Golden Visa program.

Learn more

Media mentions

The Stage: Actors, Dancers and Writers Set to Escape Visa Ban

Partner Louise Haycock highlights the inclusion of performing arts occupations on the temporary shortage list and what it means for international talent in the sector.

Learn more

Media mentions

Arts Professional: Creative Sector Must ‘Come Together’ to Give Artists Easier Access to Visas

Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.

Learn more

Blog post

British Citizenship for Adopted and Surrogate Children: What Families Should Know

Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.

Learn more

Media mentions

Bloomberg Law: US Chamber Turns Trump Foe in Rare Split Over $100,000 H-1B Fee

Partner Carl Hampe provides insight on the impact of the $100,000 H-1B fee and the US Chamber of Commerce’s related lawsuit.

Learn more

Awards

Fragomen Wins 2025 FEM EMEA “Best Partnership” EMMA for Collaboration with TBB

Fragomen was honoured with the “Best Partnership Between a Corporate Organization and a Service Provider” EMMA at FEM's 2025 EMEA Summit.

Learn more

Media mentions

Global Mobility Lawyer: DOL Flags Immigration Crackdown as Risk to Food Supply

Partner Rachel Beardsley highlights how H-2A visa strategies can help sustain a skilled US agricultural workforce.

Learn more

Blog post

Intra-African Mobility: Unlocking the Continent’s Promise Through Free Movement

Director Willys Mac’Olale discusses how intra-African mobility can unlock the continent’s economic and social potential by promoting free movement, fostering integration and development.

Learn more

Blog post

Costa Rica Family Relocation: Understanding Residency for Dependents

Immigration Director Adriana Martínez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.

Learn more

Media mentions

Financial Times: Scientists Charged Too Much to Come to Work in UK, Says Royal Society

Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.

Learn more

Fragomen news

Fragomen Contributes to Migration Observatory Report on Gender and Migration in the UK

Fragomen supported this report, which explores how gender shapes migration patterns, visa routes, employment and settlement in the UK.

Learn more

Blog post

Polish Citizenship Rules Under Review: What the Proposed Amendments Mean

Senior Associate Tomasz Rdzanek or Poland Immigration Strategy Director Tomasz Rogala discuss proposed changes to Poland’s citizenship law aimed at simplifying eligibility and clarifying naturalisation procedures for foreign nationals.

Learn more

Video

Oman Introduces a Golden Visa Program | #MobilityMinute

Manager David Makau discusses Oman's recent introduction of a Golden Visa program.

Learn more

Media mentions

The Stage: Actors, Dancers and Writers Set to Escape Visa Ban

Partner Louise Haycock highlights the inclusion of performing arts occupations on the temporary shortage list and what it means for international talent in the sector.

Learn more

Media mentions

Arts Professional: Creative Sector Must ‘Come Together’ to Give Artists Easier Access to Visas

Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.

Learn more

Blog post

British Citizenship for Adopted and Surrogate Children: What Families Should Know

Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.

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.