India: Ministry of Home Affairs Clarifies Distinction Between "Business Visas" and "Employment Visas"

India's Ministry of Home Affairs (MHA) has released an FAQ (pdf) to clarify the two types of visas available for work-related visits to India: business visas (“B” visas) and employment visas (“E” visas).

Business Visas

Examples of permissible reasons for granting a business visa include:

  • establishing an industrial or business venture;
  • exploring the possibility of setting up an industrial or business venture; or
  • purchasing or selling industrial products in India

"B” visas are valid for up to five years and permit multiple entries, although stay stipulations may be imposed for each visit. To qualify, applicants must:

  • hold a valid travel document and re-entry permit (if required by the issuing country);
  • submit proof of financial standing; and
  • submit proof of expertise in the field of intended business.

Employment Visas

Employment visas are granted to foreigners visiting India for employment purposes. An applicant must be a skilled and professional person who is being employed by a business in India at a senior level, in a skilled position (such as a technical expert, senior executive, or manager). Visas will not be granted for routine, ordinary or clerical positions, nor will they be granted if a large number of Indians qualify for the position.

Foreign nationals coming to India on an “E” visa may initially be permitted to stay for up to one year. An extension, if necessary, would need to be granted by MHA. If requesting more than one extension, the applicant needs clearance from a separate government entity.

To qualify for an “E” visa, applicants must:

  • possess a valid travel document and a re-entry permit (if required by the issuing country);
  • submit proof of employment by the business in India; and
  • submit proof of educational qualifications and professional expertise.

Photo credits: Neitram (India Gate); Vinish K Saini (Golden Temple); AreJay (Bangalore High Court)

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.