Is There Hope for International Athletes When it Comes to NIL?

While many collegiate student-athletes have been able to profit off their names, images, and likenesses, a particular group has been left out of the equation: international students. More than 12% of college athletes in the U.S. are from a foreign country, 3,000 of which are Division 1 athletes on an F-1 student visa, leaving out many athletes from opportunities.

Why is that? Well, according to our nil and international student-athletes article, that come from different countries may be attending their institution with an F-1 visa, meaning they have F-1 international student status, sponsored by their college or university. Due to this, the school is responsible for that student’s immigration compliance and has the ability to cancel the student’s F-1 visa status if the student violates any F-1 regulations. Violations of the F-1 regulations that would be investigated by the school’s Designated School Officials (DSOs) can include working outside of permitted parameters or without proper authorization.

This means that, in almost all cases, international student-athletes are not permitted to sign deals with companies, as this is considered an off-campus job, and the school would be legally obligated to terminate their visa.

However, Northwestern State University basketball player, Hansel Enmanuel, who originally comes from Santo Domingo in the Dominican Republic, has scored a work visa allowing him to sign endorsement deals in the seven figures. According to Bloomberg Law, Enmanuel may be the first international college athlete to secure a temporary work visa allowing him to take part in NIL. Enmanuel was aided by Amy Maldonado, an immigration attorney, who helped him secure an O-1 Extraordinary Ability Visa last month.

What is an O-1 Extraordinary Ability Visa? According to U.S Citizenship and Immigration Services, this visa is for “the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.” Clearly, in Enmanuel’s case, he has demonstrated achievement in basketball.

While Enmanuel was able to obtain an O-1 visa, most other athletes would more likely fit under the P-1 category. However, it can be challenging to meet the criteria for this visa, as regulations require that P-1 applicants demonstrate they will participate in competitions that require internationally recognized athletes.

While obtaining a special visa can be a great loophole for international student-athletes, it can leave out those in less high-profile sports and further marginalize them. However, there is hope that the Student and Exchange Visitor Program, Immigration and Customs Enforcement, ICE, and the US Citizenship and Immigration Services will assess this situation and help these international student-athletes receive the opportunities they deserve, just as their fellow student-athletes have.