A Paperwork Journey to India

“There are two types of visa categories relevant to business in India: business and employment,” Chothani says. “Business visas are generally granted to individuals exploring opportunities or setting up business ventures in India, or in some instances to come operate a business in which a foreign company or an individual has a stake. Business visas are issued with a validity of six months or one year with multiple entries depending on whether it is a first-time application or not.

“Employment visas are issued to individuals to work in India,” she continues. “It should be noted that an employment visa is given only for jobs that require very high levels of skills and expertise. Employment visas are initially issued for a one-year stay.”

Danielson says that complying with Indian immigration laws can be like shooting at a moving target—things are in perpetual flux. “You can get information from the experts for that moment in time, but things are fairly constantly changing and developing in India regarding the legal system and immigration laws,” she says.

“Some immigration laws require that a foreign worker be employed in a business entity that properly qualifies as an affiliate or branch office of the U.S. parent company,” Danielson adds. “This means that even before taking a look at the credentials of the employees being sent abroad, there may be key considerations as to the business structure.”

She points out that India does not have a long history of people going there to do business. Now that interest is increasing, there are new rules that are subject to change.

“That’s why [Fredrikson & Byron] doesn’t do the visa work in India,” Danielson says. “[Chothani] is set up to remain on top of the most current immigration laws and regulations.”

Chothani says there are four types of business structures acceptable in India: sole proprietorship, partnership firms, private companies, and public companies. “The foreign company can open a branch, project, or liaison office in India,” Chothani says. “An individual can obtain an employment visa to work at any of these entities.”