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Yes. Indian IT companies can deliver many U.S. software and IT-enabled-services projects while their teams remain in India. The Reserve Bank of India’s 2025–26 survey, as reproduced by TrackRBI, reports US$221.4 billion in software-services exports, including US$203.0 billion in off-site services and US$202.7 billion supplied through cross-border Mode 1. Remote delivery is an established operating model, not an unusual exception. But keeping workers in India does not automatically settle tax, immigration, security, or export-control questions: the answer depends on what the team does, what it can access, how the companies are structured, and whether anyone travels to the United States.
What does it mean to deliver a U.S. project from India?
In an offshore delivery arrangement, an Indian company performs contracted work from India for a customer located in the United States. The work may include software development, testing, maintenance, cloud or IT operations, and other IT-enabled services, depending on the contract and the customer’s requirements. The customer can set requirements, review milestones, and accept deliverables without the project team moving to the United States.
Two figures in the RBI survey help put the model in perspective. The survey reports US$203.0 billion in off-site software-services exports, equal to 91.7% of the US$221.4 billion total, and US$202.7 billion supplied through Mode 1 cross-border delivery, equal to 84.7%. These are figures for India’s software-services exports overall, not a guarantee that any particular project or task can be delivered remotely. TrackRBI reproduces the survey figures here.
Remote delivery is a poor fit when the work itself requires a person to be physically present, when a contract or applicable regulation requires local handling, or when security and technology restrictions prevent the India-based team from accessing the necessary systems or information. The practical question is not simply whether the customer is American; it is whether the specific work, access, contract, and operating arrangement support delivery from India.
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Does a team need U.S. visas if it works from India?
Generally, a worker who stays in India is not entering the United States to perform the project there, so the travel question does not arise for that worker. A visa question becomes relevant if the worker travels to the U.S.; the permitted activities then depend on the person’s immigration classification and what they will actually do while physically there.
The U.S. Department of State describes B-1 business visits as covering certain activities such as commercial transactions, contract negotiations, consultations, and conferences. It also says that “Engaging in business using a B-1 visa entails business activities other than the performance of skilled or unskilled labor,” and that B-1 is not appropriate for applicants who intend to obtain and engage in employment in the United States. See the Department’s B-1 fact sheet.
That boundary matters for project teams. Do not assume a B-1 visa authorizes ordinary coding, implementation, support, or other productive project labor at a customer site just because the employer or client is Indian or the trip is short. Certain narrowly defined installation, servicing, or specialized-training situations may be treated differently, but eligibility depends on the facts and applicable rules. Before travel, identify every planned activity, who will perform it, where it will happen, and which immigration classification covers it; get qualified immigration advice where the answer is uncertain.
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Which delivery model fits the project?
Offshore-only, hybrid travel, and delivery through a U.S. entity can all be workable structures. They trade off proximity, travel and tax complexity, and operational requirements rather than differing only in price.
| Model | Best fit | Advantages | Points to assess |
|---|---|---|---|
| Offshore-only | Work that can be completed using approved remote systems and does not require a U.S. presence | Lowest relocation burden; avoids routine work travel by the India-based team | Time-zone overlap, communication, customer governance, secure access, and any restrictions on data or technology |
| Hybrid with limited travel | Projects where most execution can stay in India but specific meetings or other permitted activities benefit from an in-person visit | Maintains India-based execution while allowing some customer proximity | Classify each planned U.S. activity before travel; a business visit does not automatically authorize project labor |
| U.S.-entity or onshore delivery with Indian capacity | Work that benefits from local contracting or customer-facing capacity while retaining delivery capability in India | Can improve customer proximity and local contracting | Entity structure, payroll, transfer pricing, corporate tax, and permanent- or fixed-establishment exposure |
Compare these models against more than staffing cost. A project may need local response coverage, specific customer-site work, tightly controlled data access, or a particular security posture. Assess the immigration burden, customer proximity, data and export-control restrictions, tax exposure, quality assurance, incident response, and the amount of work that genuinely needs physical presence before committing to a model.
How can an Indian company structure the service and GST review?
For an Indian supplier, a U.S. customer does not by itself establish that a supply qualifies as an export of services for GST purposes. CBIC describes the relevant conditions as the supplier being in India, the recipient being outside India, the place of supply being outside India, receipt of payment in convertible foreign exchange, and the parties not being merely establishments of the same person. The conditions are set out in CBIC’s sectoral FAQ.
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That makes the contract and the real arrangement important. Before delivery begins, the parties should be clear about which entity supplies the service, which entity receives it, what deliverables and responsibilities are covered, and how payment will be made. The GST treatment should be reviewed against the actual parties, supply, and payment—not inferred solely from the customer’s U.S. address. This framework is a starting point for analysis, not a complete tax opinion.
For cross-border tax, an Indian supplier should also assess whether its U.S. arrangements create a permanent establishment under the India–U.S. treaty or raise other corporate-tax, transfer-pricing, indirect-tax, or fixed-establishment issues. KPMG has noted that remote-work arrangements can raise these questions; the outcome depends on the functions performed, authority exercised, premises used, duration, and entity relationships. Particular care is warranted if the Indian company has a U.S. subsidiary, its personnel exercise authority to conclude contracts, staff use customer premises, a project runs for a long period, or the arrangement is between related entities. These circumstances call for project-specific professional review rather than a blanket assumption that offshore work has no U.S. tax consequences.
What security and export-control checks apply to offshore access?
Keeping developers in India does not automatically remove U.S. export-control obligations. The U.S. Bureau of Industry and Security (BIS) explains that the Export Administration Regulations (EAR) govern relevant commodities, software, and technology subject to U.S. export jurisdiction. Depending on the item and circumstances, rules can address exports, reexports, releases, access to information, and transfers. A company should determine what technology is involved and whether access by foreign persons requires authorization; location alone does not answer that question.
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The U.S.–India ICT Working Group statement emphasizes trustworthy cross-border data flows, data protection, privacy, cybersecurity, and intellectual-property protection. For a project team, those principles need to become working controls rather than general assurances. The customer and supplier should agree on approved environments, permitted users, data-location requirements, and how incidents will be handled before providing access to production systems, source code, or sensitive information.
- Limit access: Use least-privilege permissions and identity management so each person can reach only the systems and information needed for their role.
- Use approved environments: Confirm which development, testing, and production environments the customer has authorized, and whether data may be copied or stored outside them.
- Keep an audit trail: Log access and relevant activity in line with the agreed security controls, with a defined process for reviewing and responding to incidents.
- Classify technology before access: Identify whether U.S.-origin software or technology is controlled, who will receive access, and whether a release to foreign persons could require authorization.
- Screen the intended end use and users: Review applicable restrictions before sharing controlled technology, rather than treating a signed services contract as sufficient authorization.
Where the classification or authorization status is unclear, pause access to the potentially controlled item while the responsible compliance team obtains a determination. This is especially important where the project involves source code, technical information, restricted end users, or systems with specific customer or regulatory access rules.
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A remote delivery plan works best when operational responsibilities are explicit. A detailed statement of work and security plan can prevent avoidable delays caused by unclear acceptance criteria, permissions, escalation routes, or travel expectations.
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- Define the work and acceptance process. Specify deliverables, milestones, responsibilities, review windows, acceptance criteria, and the route for handling scope changes. Make clear which work is performed by the India-based team and whether any activity requires a person to be on site.
- Identify the contracting and payment parties. Confirm the supplier, recipient, any U.S. or Indian affiliates involved, payment currency, and the arrangement between related entities, if applicable. Have tax advisers assess the GST and cross-border tax treatment against that structure.
- Map data and system access. List the systems, data types, environments, and user roles the team needs. Record where data may be accessed or stored, which customer controls apply, and who approves new access.
- Review technology restrictions. Determine whether relevant software or technology is subject to export controls, identify the recipients and end use, and document whether authorization is required before access is granted.
- Set security and incident procedures. Agree on identity controls, logging, least-privilege access, incident notification and response, and the process for revoking access when a person changes roles or leaves the project.
- Plan travel separately from remote work. If a visit is proposed, list the actual activities and have the travel classification reviewed before tickets are booked. Do not use a planned visit to blur the distinction between meetings and ordinary project labor.
- Set delivery governance. Name customer and supplier contacts, establish a communication cadence and escalation path, and decide how time-zone overlap, quality reviews, and service continuity will be managed.
When is remote delivery not the right answer?
Remote delivery may be impractical or impermissible where the required work depends on physical access, the customer or applicable rules prohibit the necessary cross-border access, or the needed technology cannot be shared with the team under applicable controls. It may also be a poor operational fit if the customer needs immediate on-site response and the parties cannot provide an approved local arrangement.
These are reasons to redesign the scope or delivery model, not to assume the whole project must move onshore. The parties can separate tasks that can be completed from India from tasks requiring a local presence, limit access to what is approved, or change the entity and staffing arrangement. Any redesigned plan still needs the relevant immigration, tax, security, and export-control checks.
Frequently Asked Questions
Does the U.S. customer have to set up an Indian company to hire an Indian IT provider?
The export-of-service framework distinguishes the supplier and recipient and includes conditions about their locations; it does not say that every U.S. customer must establish an Indian entity. The parties should have advisers confirm the appropriate contracting and payment structure for their specific arrangement.
Can a U.S. client access source code maintained by an Indian development team?
That depends on the code, the access granted, the parties, and any applicable customer restrictions or export controls. Before access, the parties should classify relevant technology and determine whether sharing it with the intended users is permitted or needs authorization.
Does an offshore contract guarantee that the Indian provider has no U.S. tax exposure?
No. A contract describing work in India does not decide every tax question; functions, authority, premises, duration, and entity relationships can matter to permanent- or fixed-establishment analysis. A project-specific review is appropriate where those factors point to a meaningful U.S. connection.
