According to a recent news report,

“the Indian government has tightened the employment visa rules to distinguish these from the liberal rules for the business visa. This has been done primarily to prevent companies from misusing the business visa.”

Indian authorities grant a business visa to foreign professionals for undertaking business visits, signing business contracts, visiting companies or negotiating commercial contacts. However, many foreign nationals have used the business visa to undertake project and contractual work in India. As a result, authorities have now tightened the eligibility requirements for an employment visa and a business visa.

Under the new guidelines, business visas will be issued to foreigners only for the following purposes: a) to establish a business b) to explore possibilities of setting up a business and c) to buy or sell industrial products in India. Foreigners will have to apply for an employment visa to execute contracts or projects. To qualify for an employment visa, the applicant must a) be a skilled or qualified professional b) have a job offer from an Indian based company either for a senior level position, a technical expert role or a managerial position and c) the job vacancy must be one which cannot be filled by a qualified Indian.

Hiring foreign professionals in India is now subject to greater scrutiny and visa applications are not likely to be approved easily. This will significantly impact companies, who will now have to restructure their hiring policies and assignments involving foreign professionals in accordance with the new visa guidelines.

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