Since July 2021, college athletes have been able to generate revenue for themselves from the use of their names, images, and likenesses (NILs). In that time, the country has seen these athletes sign plenty of endorsement deals and begin profiting off of autographs and personalized messages. While most athletes in the college sphere have the ability to reap the advantages of these new rules, international athletes have been left out of benefiting from NIL sponsorships.
International athletes are currently unable to profit off the use of their NIL due to student immigration regulations. Specifically, the F-1 student visas that most international athletes are on in order to attend school in the United States prohibit these college athletes from working outside of their college campuses. Schools are also required to report any violations of the F-1 visa rules, which means that an athlete attempting to earn money from their NIL on the side could have to leave the country if they are caught. Because of these rules, international athletes initially seemed to be stuck with no way to generate revenue for themselves off their NIL.
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Some international athletes, though, have found a way around the tight restrictions of the F-1 visa and have earned some money from their NIL. The only way to do so, though, is to do it outside of the United States. International athletes can do everything that an American athlete can in terms of their NIL as long as it is done in another country. Although this loophole has been discovered, some schools are asking their international athletes to not engage in any NIL deals for fear of them accidentally violating their visas or other immigration laws.
Despite these requests, some prominent international athletes have been traveling home to sign deals and earn money. For example, Lou Hedley, a punter for the University of Miami, flew home to Perth, Australia, to film multiple commercials for LifeWallet. He did not sign any form of contract until he was back on home soil, and he earned about $50,000 from the deal.
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Jaz Shelley, an Australian basketball player for the University of Nebraska, was also able to secure an NIL deal back home. She signed a deal with BBB Printing, a clothing company, and Muchachos, a Mexican barbecue restaurant.
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Another opportunity for international athletes to earn money off their NIL is by obtaining a different visa that allows them to work in the United States. Hansel Enmanuel, who plays basketball for Northwestern State University, is from the Dominican Republic and obtained an O-1 visa instead of the traditional F-1 visa. As a result, Enmanuel can NIL deals in the United States. The O-1 visa is reserved for individuals with extraordinary ability, which Enmanuel has proven to have, as he only has one arm but has shown that he can play basketball at the highest level.
In addition to the O-1, international athletes can also apply for the EB-1 extraordinary ability green card or the P-1 visa to profit off their NIL in the U.S. All three of these options, though, are typically only granted to athletes proven to have incredible abilities or achievements or who compete at an internationally recognized level. Because of these requirements, most athletes are required to obtain the F-1 visa, and are thus restricted in their NIL pursuits.
One thing college athletes can be certain of is that the NIL landscape is always changing. Therefore, even though they may be limited in their NIL options now, international athletes may get the chance to generate revenue for themselves from their NIL sooner than they think.
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* Originally published on June 2, 2023, by Owen Roche
