IMPACT – HIGH

What is the change? India has made sweeping changes to key visa programs, introducing new visa subcategories and instituting changed application procedures, registration rules and salary minimums.

What does the change mean? The changes will ease visa procedures for many applicants. While the subcategories will force some applicants to be more specific about their travel intentions, other changes will allow applicants to apply for visas in any country, obtain a short-term visa without cancelling a previously issued long-term visa, and make it easier for visa holders to travel shortly after arriving in India

  • Implementation time frame: Immediate and ongoing.
  • Visas/permits affected: All Indian visas, including E-Visas, Tourist Visas, Business Visas, Employment Visas, Intern Visas, Film Visas, Student Visas, Research Visas, Conference Visas and Entry Visas.
  • Who is affected: Employers and foreign nationals visiting India for work, study, business, tourism, research, or to undergo medical treatment. Changes will also affect visa holders’ dependent family members.
  • Impact on processing times: Most of the changes will not have significant impact on processing times. However, Business Visas may be able to be obtained on a case-by-case basis within 48 hours. Other changes will save time in the visa application process by allowing foreign nationals to obtain a short-term visa or seek medical help without first cancelling a previously issued long-term visa.
  • Business impact: The changes are generally seen as welcome developments for employers and business travelers.  

Key information: India recently introduced new sub-categories for many visas, including Tourist Visas, Business Visas, Employment Visas, Intern Visas, Film Visas, Student Visas, Conference Visas and Entry Visas. Key subcategories for these visas are as follows:

Category Sub-category Purpose
Tourist Visas T-1 Individual tourists.
T-2 Group tourists.
T-3 Tourists on a cruise ship.
Business Visas B-1 Short-stay business visitors attending meetings, technical meetings/discussions, related activities.
B-2 Business visitors from small- and medium-sized companies, i.e., companies with turnover up to Rs.10 crore.
B-3 Business visitors from large companies, i.e., companies with turnover of or Rs.10 crore or more.
B-4 Foreign investors.
B-5 Crew of nonscheduled airlines, chartered flights operated by such airlines and special flights.
B-6 Foreign academicians/experts coming under GIAN (Global Initiative for Academic Networks).
B-7 Business partners and company directors.
B-8 Business visitors whose do not fall under another subcategory.
B-Sports Foreign nationals who are engaged in commercial sports events in India on contract with remuneration.
B-1X, B-2X, B-3X, B-4X Dependents of B-1, B-2, B-3 and B-4 visa holders. Dependents of visa holders in other business subcategories will not be granted BX visas.
Employment Visas E-1 Paid work up to six months.
E-2 Paid work longer than six months.
E-3 Intra-company transfers.
E-4 Honorary work (no salary) with non-governmental organizations registered in India.
E-5 Staff and faculty at South Asian University and Nalanda University.
E-1X, E-2X, E-3X, E-4X, E-5X Dependents of E-1, E-2, E-3, E-4 and E-5 visa holders.
Film Visas F Foreign nationals coming for shooting of a feature film/reality TV show and/or commercial TV serials.
Student Visas S-1 Students in regular courses in India at colleges/universities.
S-2 Students with short-term coursework.
Conference Visas C-1 Participants in government conferences.
C-2 Participants in nongovernmental conferences.
Entry Visas X-1 Persons of Indian Origin who do not hold an OCI card.
X-2 Spouses and children of Indian citizens/persons of Indian origin/OCI cardholders.
X-Misc. Foreign nationals applying for visa for a purpose not specifically covered under any visa category.
X-SP Sports persons.

Foreign nationals (other than Pakistani nationals) coming to India on any type of visa will be allowed to conduct activities that are permitted on Tourist Visas. Previously introduced e-visa subcategories for tourists, business travelers and medical visitors will also remain in place. Authorities recently stated that foreign nationals traveling to India on e-business visas may conduct any activity permitted under normal Business Visas. Visit this site for more information on the visa subcategories.

Authorities recently implemented other key changes, touching on:

  • The countries from which applicants can lodge applications. Foreign nationals can now lodge applications in any country, not just the applicant’s country or origin or country of domicile.
  • Business Visa processing times. Foreign nationals may be able to obtain Business Visas within 48 hours of lodging an application. This requires applicants to convince the relevant Indian mission that they have urgent travel needs, however. The e-visa, which has a standard turnaround time of 72 hours, may be a better option for those who need to travel on short notice.
  • Registration procedures for Business Visa holders. Business Visa holders are now required to register with the appropriate Foreigner Regional Registration Offices/Foreign Registration Offices if they intend to stay in India for more than 180 days in total in a calendar year. Business visitors should complete registration procedures as soon as they become aware that they are likely to stay more than 180 days.
  • Registration procedures for foreign nationals with immediate travel plans. Under a new rule, foreign nationals who would typically be required to register within 14 days of arrival, but who intend to travel within that 14-day period, will not be required to complete registration processes after returning to India from their travel. This exemption does not apply to Pakistani nationals.
  • Salary minimums for Employment Visa holders. The minimum salary threshold for Employment Visa applicants has been set at US$25,000 per year. Employers of Employment Visa holders who will be in India for less than a year must calculate the minimum salary on a pro-rata basis. This salary can include allowances and accommodations. The salary threshold is lower (US$14,000 per year) for teachers at specified institutions.
  • Rules for when Employment Visa holders may switch employers. Employment Visa holders who hold senior positions will be permitted to switch employers (without having to obtain a new visa) if the switch is between joint ventures and consortiums and if prior approval has been granted. Previously, this exception was only available to Employment Visa holders switching between a registered holding company and the company’s subsidiaries or vice versa.
  • Procedures for visa holders in need of a second visa. Foreign nationals holding long-term visas will now be able to apply for a separate short-term visa without first cancelling their long-term visa.
  • Requirements for foreign nationals in need of medical care. Foreign nationals holding Employment, Business, Tourist, Student or Research visas will be able to obtain medical treatment, provided it does not require ongoing treatment of more than 180 days, without obtaining a new visa. Instead, visa holders will be required to obtain a medical permit from the appropriate FRRO/FRO. Medical visas will be required for treatment that exceeds 180 days or the length of stay permitted on the foreign national’s visa.
  • Eligibility requirements for Intern Visa applicants. In order to be eligible, applicants must not have more than a two-year gap between when they graduate or complete post-graduate work and when the internship begins.

BAL Analysis: Employers are encouraged to become familiar with the new visa subcategories and other changes. The changes were introduced in recent weeks and the interpretation and implementation at different embassies, consulates, high commissions, FRROs and FROs may vary. BAL is able to work with employers in determining which visa option is best for their employees and can help applicants through the application process.

This alert has been provided by the BAL Global Practice group and our network provider located in India. For additional information, please contact your BAL attorney.

Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? Applicants for United States visas in India may experience wait times of more than 30 days for visa interview appointments.

What does the change mean? The U.S. Embassy in New Delhi expects the increased wait times to continue for the next few months during the summer travel season. The embassy is encouraging individuals to apply early if they plan to travel to the U.S.

  • Implementation time frame: Through July.
  • Visas / permits affected: All U.S. visas.
  • Who is affected: Individuals applying for U.S. visas through a U.S. consulate or the U.S. Embassy in India.
  • Impact on processing times: Wait times may be longer than 30 days for visa interview appointments, delaying processing times for visas that require an interview.
  • Business impact: Employers and individuals should factor in the increased wait times when planning business schedules.

Background: According to the U.S. Embassy, the nonimmigrant visa workload in India is one of the largest in the world with more than 1 million visas processed a year, and the demand for visas to travel to the U.S. has increased by more than 60 percent in the last five years.

BAL Analysis: Visa applicants in India are encouraged to apply for U.S. visas as early as possible to factor in the increasing wait times during this peak period. Applicants are also reminded to avoid scams that promise faster processing times or guaranteed visas in exchange for a fee.

This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.

Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

What is the change? India has increased the availability of online services that eliminate the need for in-person visits available at Foreign Regional Registration Offices.

What does the change mean? The e-services (e-FRROs) are now available at FRROs in Ahmedabad, Amritsar, Cochin, Hyderabad, Kolkata, Kozhikode, Lucknow, Puducherry and Thiruvananthapuram. They were previously only available in Bangalore, Chennai, Delhi and Mumbai.

  • Implementation time frame: Immediate and ongoing.
  • Visas/permits affected: Visa services at FRROs.
  • Who is affected: Foreign nationals in need of services at FRROs in Ahmedabad, Amritsar, Cochin, Hyderabad, Kolkata, Kozhikode, Lucknow, Puducherry and Thiruvananthapuram.
  • Business impact: The online services make it easier to file applications and will eliminate trips to the FRROs for foreign nationals in areas where they are available.
  • Next steps: Foreign residents must set up an account and apply online at the e-Services Online Portal in order to take advantage of the services.

Background: India’s e-FRRO service was launched in February in Bangalore, Chennai, Delhi and Mumbai. The online portal allows foreign residents to submit visa applications, registrations and extensions electronically. Users may pay online and receive their registration or visa extension at their address. Text messages and email alerts with status updates are also available through e-Services. When the program was launched, officials said they would expand it if it was successful. They have now done so, as described above.

BAL Analysis: The expansion of e-FRRO is a welcome development that will streamline services for a growing number of foreign residents.

This alert has been provided by the BAL Global Practice group and our network provider located in India. For additional information, please contact your BAL attorney.

Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

What is the change? Visa applicants at the German Consulate in Bangalore are experiencing delays due to an increased number of visa applications.

What does the change mean? The German Consulate alerted applicants that wait times for visa appointments at the consulate could exceed four weeks. Currently, visa appointments appear to be booked through June. Visa applicants at the consulate should expect delays and plan accordingly.

  • Implementation timeframe: Immediate and ongoing.
  • Visas/permits affected: National visa types.
  • Who is affected: People applying for national visas at the German Consulate in Bangalore.
  • Business impact: Business travelers may need to adjust timelines if their visa appointments or visa processing are delayed.

BAL Analysis: Those in need of visa services should expect delays as described above. Applicants are encouraged to plan their travel well in advance to accommodate the extended wait times.

This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.

Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? The Indian government has expanded the list of activities that are allowed on e-business visas.

What does the change mean? Foreign nationals traveling to India on e-business visas may now conduct any activity permitted under normal business visas issued through a consulate.

  • Implementation time frame: Immediate and ongoing.
  • Visas/permits affected: E-business visas.
  • Who is affected: Eligible foreign nationals traveling to India for business.
  • Impact on processing times: The changes will reduce processing times for business travelers eligible for e-business visas. E-business visas are typically issued within 72 hours.

Background: India introduced e-visa subcategories for tourists, business travelers and medical visits to its e-visa program in April 2017. Initially, e-business visas holders could only conduct a limited number of activities. That has changed, however, and e-business visas may now be used for any business activities traditionally allowed on normal business visas issued through a consulate.

India’s e-visa program is open to nationals of more than 150 countries and territories. The permissible duration of stay is 60 days, with double entry permitted on e-tourist and e-business visas and triple entry permitted on e-medical visas.

BAL Analysis: The change will make business travel to India easier, especially for those with urgent travel needs.

This alert has been provided by the BAL Global Practice group and our network provider located in India. For additional information, please contact your BAL attorney.

Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – HIGH

What is the change? India’s Bureau of Immigration is introducing online services that will eliminate the need for in-person visits to the Foreign Regional Registration Office for foreign nationals.

What does the change mean? On Monday, e-Services were launched by the Foreign Regional Registration Offices in Bangalore, Chennai, Delhi, and Mumbai. If successful, the service is expected to be expanded to other locations.

  • Implementation time frame: Immediate and ongoing.
  • Visas/permits affected: Visa services at FRROs.
  • Who is affected: Foreign residents in Bangalore, Chennai, Delhi and Mumbai.
  • Business impact: The online services should make it easier to file applications and will eliminate trips to the FRROs.
  • Next steps: Foreign residents must set up an account and apply online at the e-Services Online Portal.

Background: The online portal will allow foreign residents to submit visa applications, registrations and extensions electronically. They may pay online and receive their registration or visa extension at their address. Text messages and email alerts with status updates are also available through e-Services.

BAL Analysis: The e-Services are a welcome development that is intended to streamline services for foreign residents and to provide a “faceless, cashless and paperless” process.

This alert has been provided by the BAL Global Practice group and our network provider located in India. For additional information, please contact your BAL attorney.

Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? The government has extended the deadline for individuals to link Aadhar cards to their bank accounts to March 31. The original deadline was Dec. 31, 2017.

What does the change mean? Foreign residents who need banking services will need to obtain an Aadhar card and furnish the 12-digit biometric ID number on the card to their financial institution.

  • Implementation time frame: March 31.
  • What is affected: Aadhar cards, banking services.
  • Who is affected: Foreign residents (those staying in India for longer than 182 days).
  • Business impact: Banks may block access to banking services if an account holder does not link their Aadhar card to their account.

Background: In November, BAL reported that Indian financial institutions had begun linking customer’s bank accounts to Aadhar cards. A Dec. 31, 2017 deadline was set for linking accounts that were opened before Oct. 25, but the government said it decided to extend the deadline “after considering various representation received and inputs received from banks.”

A case in India’s Supreme Court alleges that the linking of the Unique Identification Authority of India (UIDAI) number with bank accounts and mobile numbers is unconstitutional.

BAL Analysis: Foreign residents needing banking services should be aware of the extended deadline if they have not already linked their Aadhar card’s biometrics ID number to their bank accounts.

This alert has been provided by the BAL Global Practice group and our network provider located in India. For additional information, please contact your BAL attorney.

Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

The Ministry of Tourism has issued an advisory reminding e-visa applicants to only apply for e-visas through the official Government of India website. The notice is in response to reports of false e-visa websites that compromise personal information and seek false payment for e-visa services.

Key points:

  • The Indian government does not appoint any authorized agents to apply for e-visas on behalf of any applicant. No facilitation is required by an intermediary or other such agent.
  • False e-visa websites may advertise faster application processing times with additional charges. These offers are scams and should be disregarded.
  • E-visa applicants should only apply for e-visas through the Government of India website at www.indianvisaonline.gov.in and https://indianvisaonline.gov.in/evisa/tvoa.html.
  • Foreign nationals from any of the more than 160 countries covered by the e-visa program may apply for e-tourist, e-business or e-medical visas, depending on the purpose of their visit. Travelers must be sure that their specific activities are permitted.

Background: India introduced visa subcategories for tourists, business travelers and medical visits to its e-visa program in April of 2017. While these changes may have made the e-visa program a more attractive option, travelers must be sure that their specific activities are permitted on the visa on which they are traveling. Those with any questions about their travel to India should contact their BAL attorney about what their best options are before traveling or applying for a visa.

BAL Analysis: Foreign nationals who believe they have been targeted by a scam should contact their BAL professional or the the Visa Support Centre at: 011-22560198, 011-22560199.

This alert has been provided by the BAL Global Practice group and our network provider located in India. For additional information, please contact your BAL attorney.

Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the changeVisa applicants at the Australian High Commission in India are experiencing delays due to high seasonal demand.

What does the change mean? Those submitting business and tourist or visa applications at the High Commission should expect delays and plan accordingly.

  • Implementation timeframe: Immediate and ongoing.
  • Visas/permits affected: Business and tourist visas.
  • Who is affected: People applying for business or tourist visas at the Australian High Commission.
  • Impact on processing times: Applicants should anticipate that visas will take upwards of 30 days to process.
  • Business impact: Business travelers may need to adjust timelines if their visas are delayed.

BAL Analysis: The delays at the Australian High Commission have been attributed to high seasonal demand and are expected to continue for the next two or three months. Those in need of visa services should expect delays as described above. The High Commission does not offer any type of expedited visa processing, so planning ahead is essential.

This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.

Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? Applicants for Nigerian visas in India are now required to submit their applications in person and to enroll their biometric information. The Nigerian High Commission ordered the mandated biometric process Nov. 27.

What does the change mean? Applicants must now submit their visa applications in person and enroll their fingerprints and facial image at Online Integrated Solutions (OIS) centers in New Delhi and Mumbai. The change applies to all visa categories.

  • Implementation time frame: The change took effect Nov. 27.
  • Visas/permits affected: All Nigerian visas issued in India.
  • Who is affected: Individuals applying for Nigerian visas at OIS Nigeria visa application centers in New Delhi and Mumbai.
  • Impact on processing times: Processing times are not expected to change, but applicants will need to build more time into their schedules in order to appear in person and provide biometrics. Visa applicants must book an appointment through the OIS website and present their appointment booking slip to submit their visa application and enroll their biometric information.

BAL Analysis: The new biometrics requirement adds another step to the application process for Nigerian visas submitted in India. Applicants should be sure to leave enough time in their schedules to book an appointment to submit their application in person and provide biometrics. Biometrics enrollment is a mandatory process to be completed when the visa application is submitted.

This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.

Copyright © 2017 Berry Appleman& Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.