Securing a proper visa is a crucial step for those exploring the business landscape in India. The Indian Government has expedited the process by allowing citizens of 43 countries (including the US) to apply for an e-Visa. The e-Visa facility is in addition to the regular visa services provided through the Embassy and Consulates and is the most convenient method for securing a visa to India, with the online application process usually taking 10 to 15 minutes. The permissible purposes for the visit include tourism, casual business, short-term medical treatment, and meeting with friends and relatives and are reflected in the five e-Visa categories: e-Tourist Visa, e-Business Visa, e-Medical Visa, e-Medical Attendant Visa and e-Conference Visa (refer to FAQ’s by Government of India here). A person traveling to India to explore business opportunities can combine activities permitted under these categories in one application (unless he/she is applying for an e-Conference Visa, which does not allow for including other activities).
One can also apply through the regular visa process at the India Embassy and Consulates, which requires more effort but provides for visas with longer durations (Tourist Visas are issued for ten years and Business Visas for five years).
What are the features of an e-Tourist Visa?
An applicant can request an e-Tourist Visa with a duration of 30 days, one year, or five years. Multiple entries are permitted for the one and five-year duration, but the maximum stay in India during a calendar year cannot exceed 180 days. Foreign nationals on an e-Tourist visa are not allowed to enter India through land routes and must enter through one of the designated international airports/seaports (General Guidelines for those traveling to India, Bureau of Immigration, Ministry of Home Affairs, Government of India here).
What are the requirements for an e-Business Visa?
An e-Business Visa is valid for one year from the date of grant of Electronic Travel Authorization, with multiple entries permitted, but the length of each visit cannot exceed 180 days. If one exceeds the intended 180 days, the e-Visa holder must register with relevant authorities within two weeks after the expiration of 180 days (Business in India, Bureau of Immigration, Ministry of Home Affairs, Government of India here). Business travelers must usually produce business cards and an invitation letter from an Indian company, as well as a letter from the applicant’s company in the US.
Are there limitations on permissible activities?
It is important to note that an individual traveling on any kind of business visa may not receive any income in India. Rather, the business visa is appropriate for individuals seeking to establish, or explore the possibility of establishing, a business venture in India. Activities permitted under a business visa include recruitment, transaction of business with suppliers, project monitoring and evaluation, and in-house training of regional hubs.
What type of visa is required to work for a nonprofit in India?
An e-Visa cannot be used to conduct activities for a nonprofit. However, voluntary work of a short duration (no longer than a month) which does not involve any monetary payment or consideration is allowed.
Anyone seeking to receive income or undertake any kind of employment in India must obtain an Employment Visa. Similarly, anyone seeking to do honorary work for a longer duration with an NGO registered in India must apply for an Employment Visa (Work In India, Bureau of Immigration, Ministry of Home Affairs, Government of India here). Since the e-Visa facility is not available for Employment Visas, one must apply with the Indian Embassy or Consulate in the respective region. An Employment Visa is usually valid for up to two years or the term of assignment, whichever is shorter, with multiple entries permitted (exceptions may apply).
For more further information on applying for any kind of visa to India, contact Jeanny Lee at jlee@devsourcing.com.
Disclaimer: This material is provided for informational purposes and does not constitute legal advice. Access or use of this information is not intended to create, and does not constitute, a lawyer-client relationship. No portion should be acted upon without first seeking legal counsel about your specific legal situation.