'How Long Do You Plan to Stay With Us?' Answering the Commitment Question When You Need Sponsorship

Employers ask how long you will stay because sponsoring you costs time and money, so here is an honest answer and the limits on what a repayment clause can make you pay.

By F1Jobs Team · 2026-11-01 · 12 min read
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Part of our guide to answering the sponsorship question.

When an interviewer asks "How long do you plan to stay with the company?", the best interview answer for someone who needs visa sponsorship is a career plan tied to this role: what you want to learn, build and own over the next few years, and why this team is where you want to do it. Do not promise a number of years, and do not forecast where you will live in ten. As of November 1, 2026, nothing in the H-1B rules makes you stay with a sponsor for a set period, and federal labor rules limit what an employer can charge you if you leave.

Status line, as of 2026-11-01. In effect: DOL's H-1B wage rule at 20 CFR 655.731 (no penalty for leaving early; limits on recouping petition costs) and its PERM payment ban at 20 CFR 656.12. In effect on paper, blocked in practice: the $100,000 H-1B fee. Proposed: the $103,265 cap-subject fee and the end of the 60-day worker grace period (comments close 2026-11-10; a closed comment period is not a final rule).

How do you answer "how long do you plan to stay with the company?"

Give a horizon tied to the work, not a promise. Name two or three things you want to accomplish in this role over the next two to three years, say you want to grow with a company that invests in its people, and ask how people at your level usually progress. That answers the employer's real worry: whether sponsoring you will pay off.

A good answer has three moves and takes under a minute:

  1. Anchor the answer to this role's milestones. "In year one I want to own X; by year two or three I want to be leading Y." Milestones sound like a plan; a number of years sounds like a bargaining position.
  2. Signal that you understand the investment, in one clause: "I know bringing someone on is a real commitment, and I'm looking for a place to build, not a stepping stone."
  3. Return the question. "How have people who joined at this level grown here?"

Sample answers you can adapt

New grad on OPT, data analyst role:

"I'm looking for a team where I can build depth. In the first year I'd want to own the weekly reporting you described. By year two or three I'd like to be designing the experiments, not just reading them. If the problems keep getting harder, I don't see a reason to look elsewhere. How have analysts who started at this level moved up here?"

H-1B worker changing employers:

"I'm making this move because the work I want to do next, payments infrastructure at scale, is what this team does. I want to grow into a larger scope here over several years. What would a strong first year look like?"

Notice what both answers leave out: the visa. Sponsorship has its own question, and how to answer "Why should we sponsor you?" is the place to make the value case.

Why employers ask the commitment question when you need sponsorship

Because sponsorship is an investment with a delay. The employer pays attorney and filing costs, may wait on a lottery it does not control, and spends months bringing you up to speed. Underneath the polite wording, the question is "Will you leave as soon as the paperwork is done?"

The interviewer is rarely hostile. They are pricing risk, and a real plan makes the risk look smaller.

The honest frame: a career plan, not a residence promise

The common mistake is answering a question about the job as if it were about your life. You owe the employer an honest picture of what you want to do in this role, not a forecast of where you will live in 2035.

What the interviewer is worried aboutWhat actually answers itWhat to avoid
You leave right after the H-1B is approvedMilestones in this role over the next two to three years"I'll stay as long as you sponsor me"
You leave right after a green cardInterest in the team's long-term ladder and scopePromising a number of years after a green card
You only want the visaSpecific reasons tied to the product, team and problemsOpening with sponsorship before they raise it
You will move back home soonA present-tense focus on the work you want to do hereInventing a vow never to leave, or volunteering family plans
Ramp time is wasted if you leaveA concrete first-90-days learning planGeneric "fast learner" claims

The frame works on OPT, STEM OPT or H-1B because it never depends on a promise you cannot keep. A related question, where you see yourself in five years when your H-1B is a lottery away, is about trajectory; this one is about tenure.

Is it okay to say you may return home someday?

Yes, in a job interview, if it is true. The employer is asking about the next few years of your work, not your legal intent, and "someday" is true of almost everyone. You do not need to raise it; if asked, answer honestly and bring it back to the role.

"Long term I keep an open mind, but my plans for the next several years are built around this kind of work, and this team in particular" is truthful and complete, and it also answers "Do you plan to stay in the US long term?" If the question becomes "Do you plan to go back to your home country?", it has drifted from the job. Answer the part that matters to the employer, your plan for the role, without discussing family or nationality. Never invent plans in either direction.

How is this different from the visa interview intent question?

It is a different audience applying a different test. An employer weighs business risk. A consular officer, and a CBP officer at entry, applies INA 214(b): every applicant "shall be presumed to be an immigrant until he establishes" otherwise, with H-1B and L workers excepted (8 U.S.C. 1184(b)). F-1 adds its own condition, "a residence in a foreign country which he has no intention of abandoning" (8 U.S.C. 1101(a)(15)(F)(i)). That is why H-1B is called "dual intent" and F-1 is not.

Since 2025-10-01, F-1 and H-1B applicants, renewals included, generally interview in person under the State Department's interview waiver update.

Setting (as of 2026-11-01)Who is askingWhat is being testedRule
Job interviewHiring manager or recruiterWhether hiring you is worth the investmentNo visa rule; the employer's judgment
F-1 visa interview or entryConsular officer, CBP officerWhether you qualify for a temporary student stayINA 214(b) presumption and the F-1 foreign-residence requirement
H-1B visa interview or entryConsular officer, CBP officerWhether you qualify for H-1BExcepted from the 214(b) presumption (dual intent)
Green card adjustmentUSCIS officerWhether you and the employer intend the sponsored job8 CFR 245.25

Tell the truth in every room; honest answers to questions with different purposes should never contradict each other. For the consular side, see answering "What are your plans after graduation?" when you plan to use OPT and dual intent visas compared. If an immigrant petition has been filed for you while you are on F-1, ask a licensed immigration attorney about it before you travel; SEVIS and I-20 questions go to your DSO.

Can an employer make you promise to stay after sponsoring you?

It can ask, and it can write an agreed employment period into a contract. No immigration rule binds you to a sponsor: an H-1B worker can resign, and a new employer files its own petition. What an employer cannot do is make an H-1B worker pay a penalty for leaving early: "The employer is not permitted to require (directly or indirectly) that the nonimmigrant pay a penalty for ceasing employment with the employer prior to an agreed date" (20 CFR 655.731(c)(10)(i)(A)).

The next paragraph permits "bona fide liquidated damages": amounts fixed at signing that reasonably estimate the employer's loss. State law draws the line between those and a prohibited penalty; the regulation notes a payment is a penalty "where it is the result of fraud or where it cloaks oppression," and that the amount should generally reflect how much of the contract you completed. That is fact-specific, which is why a clause needs an attorney's eyes.

If you leave or lose an H-1B job, the discretionary grace period of up to 60 days at 8 CFR 214.1(l)(2) still applies as of 2026-11-01. DHS has only proposed removing it for workers; the F-1 grace period after a program or OPT ends is a separate rule the proposal does not cover.

Can an employer make you repay H-1B costs if you leave?

Partly. DOL's rules ban penalties for leaving, bar you from paying any part of two USCIS fees, and treat LCA and petition costs as the employer's business expense, which cannot be pushed onto you if it cuts your pay below the required wage. Some repayment arrangements can still be lawful, so the wording matters.

Under 20 CFR 655.731(c)(9)(ii), a deduction "may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H-1B program functions...)", with the LCA and H-1B petition given as examples; (c)(9)(iii)(C) repeats that bar for deductions you authorize in writing. Paragraph (c)(12) adds that an employer who "depresses the employee's wages below the required wage" by imposing those expenses has made an unauthorized deduction, even if nothing appears on a payslip.

Who can be charged for what (as of 2026-11-01)

Cost or clauseCan it be charged to you?Where the rule is
A penalty for leaving before an agreed dateNever20 CFR 655.731(c)(10)(i)
ACWIA additional filing fee (the training fee)Never, in any part, not even inside liquidated damages20 CFR 655.731(c)(10)(ii)
Fraud prevention and detection feeNeverDOL Fact Sheet #62H
LCA and I-129 costs, attorney fees included (DOL also lists premium processing)Not in a way that cuts your pay below the required wage20 CFR 655.731(c)(9), (c)(12); Fact Sheet #62H
Bona fide liquidated damagesPossibly; state law decides20 CFR 655.731(c)(10)(i)
PERM costs, including the employer's attorney feesNo payment of any kind, including reimbursement or wage concessions20 CFR 656.12(b)
Transportation home if the employer ends your job earlyThe employer may owe it to you, in certain circumstances8 CFR 214.2(h)(4)(iii)(E), cited in 20 CFR 655.731(c)(7)(ii)

Sign-on bonus and relocation repayments are a separate contract question, though anything taken from H-1B wages must meet DOL's deduction rules. I-140 and I-485 costs are less clearly regulated, and the 655.731 protections are written for H-1B workers, so if a clause could apply while you are still on OPT, ask the attorney how it applies to you.

What to do when your offer includes an H-1B repayment agreement

  1. Request the complete agreement from HR in writing, including any separate "immigration cost" agreement the offer letter references.
  2. Ask for an itemized list of covered costs: LCA (Form ETA-9035), Form I-129, premium processing, PERM, I-140, I-485, relocation or sign-on bonus.
  3. Compare each item with 20 CFR 655.731(c)(9)-(c)(10), 20 CFR 656.12(b) and Fact Sheet #62H, and flag anything labelled a fee or penalty for leaving.
  4. Have a licensed employment or immigration attorney in your state review the clause before you sign, because the penalty line turns on state law.
  5. Contact the DOL Wage and Hour Division at 1-866-487-9243 (listed on Fact Sheet #62H) if an employer later deducts petition costs or demands a penalty; its H-1B program page explains the required-wage obligation.

Asking which costs a clause covers is a normal part of reviewing an offer. Our guide to negotiating green card sponsorship into your offer covers putting requests like this in writing.

Do you have to stay with your employer after your green card?

No. As of 2026-11-01, no statute, regulation or USCIS policy sets a minimum period with your sponsor after approval, and there is no "six-month rule." The test is intent: under 8 CFR 245.25, you and the employer must have intended the sponsored job, or a job you ported to, when your I-485 was decided. The USCIS Policy Manual's AC21 chapter says "USCIS focuses on whether the petition represented the truly intended employment."

The 180-day number people remember applies before approval: an I-485 pending at least 180 days can port to a same-or-similar job under INA 204(j). Our guide to how long you have to stay with your employer after your green card is approved walks through the scenarios. In the interview, once sponsorship has come up, you can welcome a long-term path, green card included, without promising a tenure.

A worked example: one candidate, three conversations

Arjun, a hypothetical candidate on STEM OPT, is interviewing at a mid-size fintech.

DateWhat happensWhat is actually at stake
2026-11-12Final round; the hiring manager asks how long he plans to stayBusiness risk only; no visa rule applies
2026-12-03Offer arrives: repay "all immigration-related costs" plus a flat "early departure fee" if he resigns within 24 months of his H-1B startA flat fee for leaving may be a prohibited penalty under 20 CFR 655.731(c)(10)(i); petition costs are limited by (c)(9) and (c)(12)
Before signingHe gets an itemized list and an attorney's review; in this example, HR drops the fee and limits repayment to a relocation bonusA contract question, decided under state law
FY2028 cap seasonRegistration is expected around March 2027 (not announced as of 2026-11-01); if selected, the earliest cap-subject start is 2027-10-01The 24-month window runs from his actual H-1B start
LaterThe employer offers to start PERM20 CFR 656.12(b) bars it from seeking reimbursement of PERM costs

Arjun answered with two milestones, one line on the investment and one question back, and treated the clause as paperwork to clarify, not an accusation.

Common mistakes

Frequently asked questions

How should I answer how long I plan to stay with the company?

Give a horizon tied to the role rather than a promise. Name two or three things you want to accomplish there over the next few years, say you want to grow with an employer that invests in you, and ask how people at your level usually progress. That answers the real worry behind the question, which is whether sponsoring you will pay off.

Can an employer make me promise to stay after sponsoring me?

An employer can ask, and it can write an agreed employment period into a contract, but no immigration rule binds you to a sponsor. For H-1B workers, DOL's rule at 20 CFR 655.731(c)(10)(i), in effect as of November 1, 2026, bars any penalty for leaving before an agreed date, while bona fide liquidated damages can be allowed under state law. Have an attorney read any such clause before you sign.

Do I have to stay with my employer after my green card?

No. As of November 1, 2026, no statute, regulation or USCIS policy sets a minimum period with your sponsor after approval. Under 8 CFR 245.25 the question is whether you and the employer genuinely intended the sponsored job, or a job you ported to, when your I-485 was decided. If your timeline is unusual, for example you accepted another job before approval, talk to an immigration attorney before approval.

Is it okay to say I may return home someday?

In a job interview, yes, if it is true and you keep the focus on the role, because the employer is asking about the next few years of your work, not your legal intent. A consular officer's intent question is different. INA 214(b) presumes an F-1 applicant is an intending immigrant and F-1 requires a foreign residence you do not intend to abandon, while H-1B workers are exempt from that presumption. Answer each question truthfully on its own terms.

Can an employer make me repay H-1B costs if I leave?

Partly. Under DOL's H-1B rules, in effect as of November 1, 2026, you can never be made to pay a penalty for leaving early or any part of the ACWIA filing fee or the fraud prevention and detection fee. The employer's LCA, petition and attorney costs cannot be shifted to you in a way that cuts your pay below the required wage. Bona fide liquidated damages can be lawful under state law, so have an attorney review the clause before you sign.

Sources

How we checked this: on 2026-11-01 we read 20 CFR 655.731 and 656.12 and 8 U.S.C. 1101 and 1184 on Cornell LII, DOL Fact Sheet #62H, the DOL H-1B program page and the USCIS Policy Manual's AC21 chapter, and checked every status and date against our dated policy brief.

This is general information, not legal or tax advice; your own offer letter, I-20, I-94 and approval notices govern, and your DSO (for F-1, OPT and SEVIS) or a licensed immigration attorney (for petitions, contracts and status strategy) should answer questions about your situation.

If you are on OPT or STEM OPT and want help finding employers that sponsor and preparing for the conversations that follow, F1Jobs works with international candidates on exactly that.

Frequently asked questions

How should I answer how long I plan to stay with the company?

Give a horizon tied to the role rather than a promise. Name two or three things you want to accomplish there over the next few years, say you want to grow with an employer that invests in you, and ask how people at your level usually progress. That answers the real worry behind the question, which is whether sponsoring you will pay off.

Can an employer make me promise to stay after sponsoring me?

An employer can ask, and it can write an agreed employment period into a contract, but no immigration rule binds you to a sponsor. For H-1B workers, DOL's rule at 20 CFR 655.731(c)(10)(i), in effect as of November 1, 2026, bars any penalty for leaving before an agreed date, while bona fide liquidated damages can be allowed under state law. Have an attorney read any such clause before you sign.

Do I have to stay with my employer after my green card?

No. As of November 1, 2026, no statute, regulation or USCIS policy sets a minimum period with your sponsor after approval. Under 8 CFR 245.25 the question is whether you and the employer genuinely intended the sponsored job, or a job you ported to, when your I-485 was decided. If your timeline is unusual, for example you accepted another job before approval, talk to an immigration attorney before approval.

Is it okay to say I may return home someday?

In a job interview, yes, if it is true and you keep the focus on the role, because the employer is asking about the next few years of your work, not your legal intent. A consular officer's intent question is different. INA 214(b) presumes an F-1 applicant is an intending immigrant and F-1 requires a foreign residence you do not intend to abandon, while H-1B workers are exempt from that presumption. Answer each question truthfully on its own terms.

Can an employer make me repay H-1B costs if I leave?

Partly. Under DOL's H-1B rules, in effect as of November 1, 2026, you can never be made to pay a penalty for leaving early or any part of the ACWIA filing fee or the fraud prevention and detection fee. The employer's LCA, petition and attorney costs cannot be shifted to you in a way that cuts your pay below the required wage. Bona fide liquidated damages can be lawful under state law, so have an attorney review the clause before you sign.