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Employment Visa

IndiaWork

Explore the five recorded questions, answers and sources for this pathway.

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What type of worker, employment situation, occupation or professional activity is this pathway actually designed for?

The Employment Visa is for a foreigner who is a highly skilled and/or qualified professional. Also eligible are, for example, consultants on contract to whom an Indian company pays a fixed remuneration, and self-employed foreign nationals providing engineering, medical, accounting, legal or other highly skilled services as independent consultants where the law permits foreigners to provide such services.

See recorded sources

Does the applicant need a job offer, employer, sponsor, transfer relationship or other employer involvement? What is important about that employer relationship?

The applicant must provide proof of employment, including an appointment document and its terms and conditions.

See recorded sources
Limits of the record
  • The captured official source does not establish this rule's current effective date or supersede later policy; independent review remains pending.

What are the few decisive professional characteristics of the pathway: occupation, qualifications, experience, salary, skill level, shortage status, labour-market condition or equivalent?

The Employment Visa is for highly skilled and/or qualified professionals only; not granted for jobs for which qualified Indians are available or for routine, ordinary or secretarial/clerical jobs. The sponsored foreigner should draw a gross salary above Rs. 16.25 lakhs per annum, with listed exemptions (e.g. ethnic cooks of foreign Missions, non-English language teachers, honorary NGO work) and a Rs. 9.10 lakhs floor for Assistant Professor-level faculty at IITs, Central Universities, NITs, IIMs and IISERs.

See recorded sources
Limits of the record
  • Salary threshold has further exemptions and a pro-rata rule for contracts under one year
  • Source is MHA Annex III (2020 version); later changes not verified
  • https://www.mha.gov.in/sites/default/files/AnnexIIIDetailsofVisas_20082020.pdf
    An Employment visa is granted to a foreigner who is a highly skilled and/or qualified professional. Employment Visa shall not be granted – (i) for jobs for which qualified Indians are available and (ii) for routine, ordinary or secretarial/clerical jobs.
  • https://www.mha.gov.in/sites/default/files/AnnexIIIDetailsofVisas_20082020.pdf
    The foreign national being sponsored for an employment visa in any sector should draw a gross salary in excess of Rs. 16.25 lakhs per annum. However, this condition of annual floor limit on income will not apply to
  • https://www.mha.gov.in/sites/default/files/AnnexIIIDetailsofVisas_20082020.pdf
    (a) Ethnic cooks employed by foreign Missions in India (this will not apply to ethnic cooks employed in commercial venture), (b) Language teachers ( other than English language teachers) / translators (this will not include teachers employed to teach particular subjects in foreign language), (c) staff working for the concerned Embassy/ High Commission in India, (d) foreigners, eligible for ‘E’ visa for honorary work with the NGOs
  • https://www.mha.gov.in/sites/default/files/AnnexIIIDetailsofVisas_20082020.pdf
    In respect of foreign nationals engaged as teaching faculty at the level of Assistant Professors and above by the Central Higher Educational Institutions viz. Indian Institutes of Technology (IITs), Central Universities (CUs), National Institutes of Technology (NITs), Indian Institutes of Management (IIMs) and Indian Institutes of Science Education and Research (IISERs), the minimum salary limit for grant of Employment visa will be Rs.9.10 lakhs per annum.

What work does the permission allow? Is the holder tied to an employer, occupation or sector? Can family accompany where clearly established?

The holder is tied to the employer: no change of employer during the visa, except between a registered holding company/joint venture/consortium and its subsidiaries, at senior or skilled level, with prior MHA permission. Family members/dependants may receive a dependent visa of the appropriate sub-category, co-terminous with the principal's visa.

See recorded sources
Limits of the record
  • Scope of permitted work beyond the sponsoring employer is not stated
  • Source is MHA Annex III (2020 version); later changes not verified
  • https://www.mha.gov.in/sites/default/files/AnnexIIIDetailsofVisas_20082020.pdf
    No change of employer shall be permitted during the currency of the Employment Visa, except in cases of change of employment between a registered holding company, Joint Ventures & Consortiums and its subsidiaries and vice-versa or between subsidiaries of a registered holding company, Joint Ventures & Consortiums. Change of employment would be permitted at a senior level e.g. managerial or a senior executive position and/ or at a skilled position e.g. a technical expert. Prior permission of the Ministry of Home Affairs is required for change of employment.
  • https://www.mha.gov.in/sites/default/files/AnnexIIIDetailsofVisas_20082020.pdf
    Family members / dependents of a foreigner who is granted `E’ visa may be granted dependent visa of appropriate sub-category. Its validity shall be co-terminus with the validity of the visa of the principal visa holder

How long is the permission normally granted for, how is it renewed, and what longer-term residence direction exists if officially stated?

The Employment Visa is valid for one year or the period of contract, with multiple entry. The official source does not state the renewal procedure or any longer-term residence direction.

See recorded sources
Limits of the record
  • The captured official source does not establish this rule's current effective date or supersede later policy; independent review remains pending.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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