By LEAD1 Association
When the NCAA implemented its Interim NIL policy on July 1, 2021, and the Congress failed to pass an NIL bill, it indicated that all college athletes would be able to monetize their rights of publicity, except for possibly one group of athletes – those international athletes on F-1 visas, which greatly restrict opportunities to earn compensation. Violating visa requirements can cause dire consequences for international athletes. There are, however, some possible workaround techniques to F-1 visa requirements that athletics departments must know about until there is possibly a federal solution, such as a federal NIL statute or carveouts in federal immigration law. in that light, LEAD1 recently hosted a webinar where famous immigration attorneys at Akin Gump discussed current immigration law, implications on NIL, how the law applies to NIL, workaround opportunities, and possible federal options to address the issue. Here are some of the Camiseta Santos Laguna crucial takeaways from the webinar:
There are some basic components of immigration law that every LEAD1 athletics administrator must be aware of: (1) The department of Homeland safety (DHS), formed in 2003, is the main federal agency that administers U.S. immigration law; (2) immigration and Customs Enforcement (ICE) is a subset of DHS and the student and exchange visitor Program (SEVP), a subset of ICE, regulates student immigration, such as by tracking foreign student employment information; and (3) nonimmigrants, such as foreign students, are in the U.S. temporarily and these students are usually classified as F-1 Visa holders.
F-1 Visa holders are very restricted in employment opportunities. Foreign students who pursue a degree in the U.S. are allowed to work in very limited scenarios –employment that is normally permissible includes (1) on campus work up to 20 hours per week (whether related to their field of study or not); (2) Curricular functional training (CPT), or functional training tethered to a student’s curriculum (i.e., such as an internship); and (3) Optical functional training or usually a one year work permit post-graduation related to the student’s field of study.
On the NIL front, the grey area, and legal questions center around the distinction between “active” and “passive” income. If a foreign student is required to supply services in exchange for compensation, normally the employment need to fall under one of the three exceptions above. If a foreign student is supplied compensation without supplying any services, that would likely be permissible under immigration law. In other words, the crux of the legal issue centers around whether the foreign student is required to do services for the compensation (e.g., “active income”) or whether the student receives the compensation without having to do any work (e.g., “passive income”). According to the panel, NIL activities likely fall somewhere “in between” (it is worth mentioning that group licensing may be considered passive income, given that athletes are usually just receiving compensation without performing any services or work).
Because there is a lack of clear support from DHS on NIL, there are lots of nuanced questions that may arise. In addition to active versus passive income, some of the crucial questions to consider include where the NIL activity is being performed, for instance, immigration status is not violated when an athlete is physically engaged in activities outside of the U.S., such as in their home country. even if an athlete created a web site Camiseta FC Porto abroad but modified the site in the U.S. (and received income from a brand in conjunction with the site), it could be classified as active income. On the other hand, if the athlete did not modify the site in the U.S. and created it abroad, (and still received income from a brand in conjunction with the site), it might be considered passive income (and as a result permissible). social media NIL activities can also be very nuanced, for example, posting on Instagram on behalf of a brand (without compensation) is likely permissible, but if that brand paid money to the athlete after the athlete posted on behalf of the brand, that question is a lot more unclear – this is where federal support is needed. The NCAA’s NIL Interim policy additionally complicates matters given that a quid pro quo relationship is normally required for athletes to receive NIL compensation.
Consequences for violating F-1 Visa status may be extreme. Punishment Camiseta US Sassuolo for violators could include ineligibility for future immigration status and/or green card/permanent residence.
Given all the gray area, there are a few possible options whether legislative or regulatory. A legislative fix may include the Congress passing legislation specifically authorizing NIL activities. A regulatory fix may include formal rulemaking from DHS or support establishing a policy that NIL activitiesnull