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Name, Image and Likeness (NIL)

INTERIM NIL POLICY

The National Collegiate Athletic Association (NCAA) adopted an interim policy that went into effect Thursday July 1, 2021, which allows student-athletes from all three divisions to monetize their name, image, and likeness (NIL). The temporary policy will remain in place until federal legislation or new NCAA rules are adopted.

F-1 Visa Employment Regulations

Per federal regulation 8 CFR 214.1(e), international students in F-1 visa status are not permitted to work in the United States unless it is expressly authorized under the applicable regulations:

(e) Employment.  A nonimmigrant in the United States in a class defined in section 101(a)(15)(B) of the Act as a temporary visitor for pleasure, or section 101(a)(15)(C) of the Act as an alien in transit through this country, may not engage in any employment. Any other nonimmigrant in the United States may not engage in any employment unless he has been accorded a nonimmigrant classification which authorizes employment or he has been granted permission to engage in employment in accordance with the provisions of this chapter. A nonimmigrant who is permitted to engage in employment may engage only in such employment as has been authorized. Any unauthorized employment by a nonimmigrant constitutes a failure to maintain status within the meaning of section 241(a)(1)(C)(i) of the Act.

It is important for F-1 international student athletes to understand that engaging in unauthorized employment may have serious consequences. Not only will the student lose their F-1 immigration status, but it may potentially negatively impact future visa applications such as H-1B.

F-1 International Student Athlete Guidance

The Student and Exchange Visitor Program (SEVP) is currently working with the U.S. Department of Homeland Security (DHS) to review how this legislation affects international student athletes and will provide updated guidance as it is available. At this time, the government has yet to provide specific guidance regarding how NIL opportunities may impact the international student population. Therefore, we recommend international student athletes in F-1 immigration status keep the following guidance in mind:

  1. Until there is additional guidance from SEVP/DHS, we strongly advise international student athletes NOT to participate in any NIL activities while they are in the United States.
    *** Note that F-1 regulations regarding employment only extends to students who are physically inside the U.S. Therefore, it’s may be possible for students to participate in NIL activities while they are outside of the U.S.
  1. Absent clarification from DHS, schools and international student athletes should approach NIL questions with caution. International students should seek advice from an experienced immigration lawyer before entering into an NIL agreement or engaging in compensated NIL activity.
  2. Questions regarding F-1/J-1 immigration status should be directed to the ISO.

For more information, please review the NCAA Webpage regarding the NIL Policy.