International Student Athletes: Navigating the NIL No-Go Zone
The 2025 House v. NCAA settlement marks a major win for many student-athletes, but it has also created a complicated and uncertain environment for international athletes on F-1 visas who want to participate in Name, Image, and Likeness (NIL) opportunities. Even though schools are now free to begin paying their athletes directly under the settlement, under current U.S. immigration rules, F-1 students face strict limits on employment, putting them at odds with the NCAA’s shifting NIL policies and emerging revenue-sharing structures. Although Congress has urged the Department of Homeland Security (DHS) to provide clearer guidance, none has been issued, leaving universities, collectives, and international student-athletes navigating significant legal ambiguity.
The main challenge for international student athletes is visa restrictions, as their F-1 student visas generally prohibit unauthorized off-campus employment, which most name, image, and likeness (NIL) activities fall under. This means they can't participate in typical U.S.-based NIL deals like appearances or social media promotions without risking their visa status, leading to potential loss of their visa, future immigration benefits, or even deportation. While passive income from deals done entirely outside the U.S. might be permissible, this is often impractical for college athletes who cannot travel home for short-term endorsements.
Key challenges for international student-athletes and NIL
Visa and employment restrictions: F-1 visa holders are prohibited from off-campus work unless they have specific authorization, which NIL deals typically do not qualify for.
Broad definition of "employment": U.S. immigration law has a broad definition of employment, meaning even activities that don't involve direct payment could be considered unauthorized work if they benefit a third party.
Risk of non-compliance: Engaging in unauthorized NIL activities can lead to the loss of their F-1 visa status and potential deportation.
Lack of federal guidance: Despite lobbying from universities and lawmakers, there is no federal guidance that explicitly allows international students to participate in NIL activities in the U.S., creating a legally uncertain environment.
Logistical difficulties: While some NIL opportunities can be done from outside the U.S., this is not practical for most athletes who need to be in America for their sport and academics.
Limited permissible activities: International student-athletes are generally restricted to passive income streams like royalties or licensing, or activities that are performed entirely outside the United States.
How it affects student-athletes
International student-athletes cannot monetize their NIL in the same way as their American teammates, potentially missing out on income that could help with living expenses not covered by scholarships. Athletic departments currently face the difficult task of providing economic benefits to all student-athletes while navigating these complex legal barriers.
How can an attorney help an international student athlete navigate NIL income challenges?
An attorney can help an international student-athlete navigate NIL income challenges by providing expert advice on F-1 visa compliance, structuring deals to be considered passive income, ensuring adherence to tax laws, and negotiating contracts that align with U.S. immigration regulations.