International Athletes and NIL
International athletes on F-1 student visas face restrictions that domestic athletes do not. F-1 status generally prohibits unauthorized employment in the United States, and NIL activity can constitute work. The result is that many international athletes cannot accept NIL deals on the same terms as their teammates.
Q. Can an international athlete do NIL deals?
It depends on where the activity happens and what it involves. Passive income and activity performed outside the United States are generally treated differently from active work performed inside it. Athletes should get individualized advice, this is immigration law, not just NCAA rules.
Q. What about revenue-sharing payments?
Whether school payments to international athletes create work-authorization problems is one of the most significant unresolved questions created by the settlement, and schools have handled it inconsistently.
Q. Are there workarounds?
Some athletes complete NIL work while abroad. Others use Optional Practical Training or other authorization where applicable. These are individual determinations and none is a general solution.
Q. What should schools do?
Coordinate compliance with the international student services office, and avoid giving immigration advice directly. Getting this wrong risks an athlete’s visa status, which is a far more serious consequence than an eligibility issue.
