The Problem with NIL Deals

Foreign Players Cannot Legally Earn from NIL

12 / 2024

Evren Khan

National Collegiate Athletic Association

While they are some of the most talented athletes in their respective sports, foreign athletes cannot legally take a slice of the massive cake that is NIL money. For context, NIL deals or Name Image Likeness deals were allowed in the NCAA as of July 1, 2021. These deals allow companies to pay players to use their image for many purposes. A recent example is the video game College Football 25, where the developer, EA, paid over 11,000 athletes about 600 dollars each to be featured in the game.

While the new NIL deal rules change brought in around a billion dollars, international students couldn’t cash in. Most international students are on what is called an F-1 visa. The greatest stipulation of an F-1 Visa is that it heavily limits how the individual can work and earn in the US. Unfortunately for foreign athletes, NIL deals count as work as they are usually endorsements or advertisements. David Weber, an attorney, said, “If they engage in that activity while they’re in the US, they would violate the terms of their student visa, and they would open themselves up for deportation.” It is estimated that foreign athletes have lost out on around 13 million dollars. This is no small sum, and it is made worse as around 12.5% of Division 1 athletes are on limited visas.

Norchad Omier, a Nicaraguan basketball player is a prime example of the difficulties of NIL deals. Omier plays as the forward for Baylor University’s basketball team. Omier was at first excited about the possibility of making money from NIL deals, but once he found out how his nationality would affect it he said, “Then I found out that international students can't do it in the U.S. I mean, I'm in the U.S. most of the year. ... I was kind of disappointed, but you just got to keep going." Omier, like many others, is put in the difficult situation of NIL deals.

There are a few loopholes for athletes, but they are costly and time-consuming. Athletes can switch to a P-1, O-1, or a green card. These methods can cost thousands of dollars and require many steps to obtain. As with all issues around immigration, trying to skirt the visa limitations could jeopardize someone’s ability to be in the US. Athletes must decide the cost-effectiveness of risking their future in the US for possible NIL money. For players with aspirations to play in the leagues of their sport, this risk is certainly not worth it. While it may seem like only a few athletes are affected, the laws around NIL deals create an unfair gap between college players solely due to their nationality.

Sources:

https://www.sbnation.com/college-football/2024/2/22/24079994/ea-sports-college-football-25-player-payments#:~:text=According%20to%20a%20report%20from,in%20the%20game%20this%20year

https://theworld.org/stories/2024/01/17/international-students-still-restricted-nil-deals

https://www.hofstrajibl.org/2024/12/visa-declined-international-student-athletes-and-the-restrictions-on-nil-compensation/

https://www.espn.com/college-sports/story/_/id/36007358/ncaa-international-athletes-facing-nil-challenges