Can We Hire an American in Our Indian Office? Seeking Guidance and Insights

Dear Seniors, can someone help me with an answer and explanation to my question? Can we employ an American/non-Indian in our office in India? Is this possible? I require your support.

Thanks,

Shweta

Since we have our own Human Resources in abundance, India does not provide Employment Visas. However, you can still employ foreigners who are coming here on visit visas, which are supposed to be extended every six months with valid reasons.

Thank you so much. But if any employee (foreigner) comes on a visa, will he be able to work and renew his visa every 6 months?

Regards,
Shweta

You are allowed to employ foreigners for skill sets not available locally. Employing foreigners on a tourist or 6-month business visa is unwise. In case of investigation, you will be in serious trouble. You need to get a work permit from the Office of the Police Commissioner - Foreigners Department. Currently, after the Hadley incident, renewal of a visa after 6 months may well be denied. It has happened to some of my clients.

With proper documentation and justification, you can certainly employ an American or non-Indian in your India office. Is your office a subsidiary of a US company, or do you have an office in the USA? I was the Head - Legal & Company Secretary for a US company, and I don't think it is that difficult. However, in the recent past, the government has tightened the earlier relaxed provisions. Please ensure that once the foreigner comes to India, you register them with the nearest Police Station under FRRO guidelines. In case of any difficulty, please contact [Email Removed For Privacy Reasons], [Email Removed For Privacy Reasons].

Regards,
Sanjay

Foreign nationals can work in India, subject to being skilled workers with an annual salary not less than 25,000 USD (need to clarify if this may have changed). They must hold a valid employment visa along with an employment contract from India and fulfill other requirements as mandated by the Government of India.

I don't remember the proportion of the workforce that consists of Indian nationals and foreign nationals working in India.

Foreign workers are required to abide by the laws, including registration at the Foreigners Registration Office (FRO) or Foreigners Regional Registration Office (FRRO), paying taxes, and fulfilling other obligations as specified at the time of visa issuance.

I hope this information is clear to you.

Hi Shweta, the best person who can answer this is from FRRO. You can call [Phone Number Removed For Privacy Reasons] to speak to Mr. Sanjay Singh. You can mention my reference (Ajay Parmar), and he will be able to provide you with the right information. I know that any non-Indian will require a work permit/work visa to work in India; otherwise, it will be illegal.

Regards,
Ajay Parmar

Your organization will need to file an Indian work permit for the individual based on your organization's profile and the specific job responsibilities (proposed). This will be initiated at a consulate abroad based on the individual's country of residence/citizenship. Upon completion of this process, the individual will need to enter the country and then complete registration requirements with the local FRRO.

Please feel free to let me know if you or your organization require any assistance with this processing. I have been assisting several organizations with U.S. and global immigration requirements for the past 11 years.

Regards,
Ramya Suresh
Global Mobility Consultant
[Email Removed For Privacy Reasons]
[Phone Number Removed For Privacy Reasons]

Dear Ms. Shweta, you can't employ a foreign national (even in the case of an American) in India unless they hold an employment visa. A foreign national can't be employed in India unless they have an "E" visa, i.e., an employment visa. The employment visas are granted for a particular employer, and changes are not permitted. In case a foreign national wants to change the employer, they must return to their nation and apply for a fresh visa. The Union of India has the power to make exceptions to the above.

Regards,
P M Patel