For decades, the NCAA has staunchly defended its position that student-athletes must not be paid.  Over the years, countless student-athletes have lost their eligibility due to compensation received or suspected, whether large or small in amount.  In a historic unanimous decision, the Supreme Court decided in NCAA v. Alston that the NCAA's compensation restrictions violated antitrust laws.  In response, the NCAA implemented a new policy allowing student-athletes to receive compensation for endorsing companies or products based on their name, image or likeness (NIL).

While this is welcome news for high-profile athletes who are US citizens or Lawful Permanent Residents (LPR), international students need to be cautious about accepting endorsement deals.  According to NCAA data, nearly 13% of Division I athletes and 7% of Division II athletes were from overseas in 2020.  F-1 regulations contain strict limitations on when a student can work (i.e., receive compensation for employment).  Options for employment include on-campus, off-campus, post-completion OPT (optional practical training), STEM OPT, and Curricular Practical Training (CPT).

As noted in this article on Insider.com, 

"When legislation establishing payment for student-athletes is passed, it changes a foreign athlete's visa classification from student to paid employee," Seiger told Insider. "This creates huge potential for conflict between students, schools, and the federal government." 

Foreign students who are lucky enough to have the option of being endorsed should check with their university's Designated School Official (DSO) before accepting an endorsement deal.

New Guidance from USCIS on P-1A Internationally Recognized Athletes

 USCIS has issued guidance to clarify certain lingering uncertainties about how P-1A petitions are processed.  The P-1A nonimmigrant visa classification is available, in part, to a person who performs, individually or as part of a team, as an athlete at an “internationally recognized level of performance." 

The new guidance:

• Clarifies that the regulatory phrase “major United States sports league” at 8 CFR 214.2(p)(4)(ii)(B) is interpreted to mean one that has a distinguished reputation commensurate with an internationally recognized level of performance, and “major United States sports team” means a team that participates in such a league.
• Describes non-exhaustive examples of information and evidence relevant to evaluating whether an entity is a “major United States sports league or team” for the purpose of adjudicating P-1A petitions for internationally recognized athletes or teams.
• Explains how to evaluate whether events or competitions have a distinguished reputation and are at an internationally recognized level of performance. 

The full text of the guidance can be found in the USCIS Policy Manual.