Story by: Isa Leen
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If you are a sports fan, you might have heard of the term NIL, also known as Name, Image and likeness. This refers to a person’s legal right to control how their image is used commercially. In June 2021, the NCAA passed a new policy where athletes can engage in NIL activities like merchandise, blogging, public speaking and more.
Many athletes in the NCAA have benefited from this new policy, but for internationals it seems a bit more confusing. Since international athletes are bound to their F-1 student visas, earning money through NIL could jeopardize their visas.
It has become a confusing topic for internationals and many mistakenly think that they are banned from participation in any NIL engagement, but that is only half-true. Since nearly 25,000 international student athletes compete in NCAA sports, it is time to bring more clarity on the topic. In this article we dive deeper into the complexities and the opportunities international athletes have with NIL.
Why NIL is Complicated for International Athletes
Donna Kirk, senior associate athletic director for compliance and administration at the University of North Florida, said that where domestic athletes fall under state level rules, international athletes have to deal with federal rules and are bound to their visa restrictions.
Learn more from Donna Kirk in this episode of the From the Studio Podcast.
According to NIL Daily, all foreign students-athletes have legal residency in the United States on an F-1 visa, also known as a student-visa. The problem with this visa in combination with NIL deals is that the visa does not allow to engage in employment outside campus or other specific programs geared toward career development.
While domestic athletes can freely sign endorsement deals, international athletes are bound by F-1 visa rules that generally prohibit off campus employment, including most NIL activities. The legal complexity has left many confused, and cautious of the NIL game.
“There are probably some grey zones, but it sounds very complicated to me honestly. I don’t know exactly how it works and how I could do it,” said Smilla Kolbe, German track athlete for the University of North Florida.
Learn more from Smilla Kolbe in this episode of the From the Studio Podcast
Zach Edey, Canadian basketball player for Purdue University in Indiana, knows how hard it is to change something so integrated into the law. He said that he obviously lost out on a lot of money because he cannot engage in NIL the same way Americans do.
“It is not like I can go film a commercial in West Lafayette. I understand kind of the legal process, it takes a while. It is not like it is an NCAA rule, it is an American law. Anytime you try to change that, I understand it takes a while,” Edey told the Newark Star-Ledger after a game.
But how much money are we talking about? Well, that depends per person, but the top earning college athlete is Arch Manning, quarterback for the Texas longhorns, and has an NIL valuation of 6.6 million dollars, according to On3.
The Role of NCAA and Compliance
Since many international athletes find the rules confusing, could the NCAA do a better job in educating their athletes?
“If you would have asked me two years ago, I would have said yes, 100 %. But now, I think the NCAA has taken leaps and bounds to get stronger at educating student athletes. They came out with something called NIL Assist, which is a great tool on the NCAA website. With tools like this and compliance education, the NCAA has done a great job the last year,” said Scott Mckenzie, who works for compliance at Lipscomb University and who is heavily involved by the Student Athlete Advisory Committee at institutional, ASUN conference, and national NCAA level.
Learn more from Scott McKenzie in this episode of the From the Studio Podcast.
Compliance at the University of North Florida offers their athletes the Athlete’s Thread, which seems to be a solution for international athletes. The University works together with an international consultant who sends recommendations on how not to jeopardize visas if athletes choose to participate in NIL.
What is Allowed: Passive Income and Overseas Deals
According to Kirk, Internationals are allowed to earn passive income. For example, the Athlete’s Thread will produce a jersey with a person’s name or number on it. The athlete will give the Athlete’s Thread permission to sell those jerseys, and the athlete will receive a percentage of the income. Because the student athlete is not actively selling the jersey, it is considered passive income and this is allowed for internationals, said Kirk.
“This is one thing we have identified as being safe and not risky for international athletes. We are searching for other passive income opportunities, but it is very difficult to find,” said Kirk.
Apparently, passive income is not the only way internationals can engage in NIL.
According to McKenzie, international athletes can engage in their home country or a country that is not their own, depending on taxes. If you want to wear your university gear, you have to get approval from compliance. Most schools will say yes unless it is a conflicting brand.
“If you try to do NIL as an international athlete in the States, engage not only with your compliance office but also with your principal designated school official. They will be the most knowledgeable about the immigration laws on campus,” said McKenzie.
What’s Next?
With NIL evolving so quickly, a lot can happen for both domestic and international student athletes.
Kirk explained that the NCAA has been lobbying congress to pass laws to govern the entire country and not have different rules for different states. The NCAA has given some guidance, but it just needs some parameters for around the country, so everyone understands. The problem is that intercollegiate NIL is not on the top priority list for congress, so it has been on the back burner.
As NIL continues to evolve, universities, lawmakers, and athletes will need to work together to ensure that international athletes are not left behind. The journey remains complex, but not impossible.
Story by: Isa Leen
Isa is an international student-athlete at the University of North Florida, originally from the Netherlands. She is a senior, competing in Division I track and field and cross country, and is currently completing her bachelor’s degree in Psychology as well as Multimedia Journalism. As an international student-athlete, Isa understands the complexities and challenges surrounding Name, Image, and Likeness opportunities, especially when navigating the U.S. visa restrictions.