Name, Image and Likeness (NIL) + Immigration - Are you missing out?
It has been nearly a year since the NCAA Division 1 Board of Directors approval of a name, image and likeness (NIL) policy for student athletes in the United States. This policy allows for all NCAA D1, D2, and D3 student-athletes to be compensated for their NIL as of July 1, 2021, regardless of whether their state has adopted a NIL law or not. However, NCAA NIL rules do not override state, college/university, or conference specific NIL rules and regulations. This means student-athletes and their representatives need to know the NIL rules in the state where their school is located and ensure their school’s athletic department does not have additional rules - student-athletes need to know what limitations they will have on their NIL.
College or university student-athletes competing in states without an NIL law will have the freedom to receive compensation for their NIL however they see fit, as long as they do not violate pay-for-play or receive financial incentives to sign with or remain at a program; this is still a violation of NCAA rules and regulations.
As international student-athletes (ISAs) continue to participate in exchange programs and compete in their respective sports in the U.S., NIL rules and regulations do not supersede U.S. immigration law or the restrictions their particular visas have on their ability to earn income. Unfortunately, many agents and representatives of international student athletes are getting this wrong. While on an F1 student visa, international student athletes need to understand the limitations on their ability to work and earn income while attending their university. ISAs will still be subject to on-campus employment restrictions though will later become eligible for off-campus employment in three distinct categories: Curricular Practical Training (CPT), Optional Practical Training (OPT - pre and post-completion), and Science, Technology, Engineering, and Mathematics (STEM) - Optional Practical Training Extension (OPT). There are also special circumstances such as severe economic hardship or special student relief that is decided on a case-by-case basis which result in employment authorization for the ISA.
Most international student-athletes are in F-1 international student status, sponsored by their college or university. That means the school is responsible for the student-athlete’s immigration compliance and has discretion to cancel the international student’s F-1 visa status if the student-athlete does anything that violates F-1 rules. Working outside of permitted parameters is a status violation that requires the school’s Designated School Officials (DSOs) to terminate the student’s F-1 visa status. The school’s DSOs have significant discretion in determining whether a student in F-1 visa status violated status by working without proper authorization.
In the alternative, ISAs who have a high level of achievement in their sport or who are successful in their mainstream sport (i.e. football, baseball, soccer, basketball) may qualify for an O or P visa (extraordinary ability or exceptional ability, respectively), both of which can be structured to allow for full-time academic enrollment, maintenance of student-athlete status, and profit off NIL deals.
It is important for international student-athletes who wish to profit off their NIL to work with experienced and knowledgeable agents/representatives and a dedicated immigration attorney who can navigate the federal immigration consequences during their careers in the U.S.
Diver Law Firm has represented countless international student-athletes during their college careers and post-graduation/beginning their pofessional careers. If you have questions or concerns about your current immigration status or wish to further your career in the United States, contact Diver Law Firm at 405-896-8080 and request your initial consultation today!