One of the top issues in name, image and likeness is the inability of international student athletes to participate in most NIL activities. I recently hosted a webinar with immigration attorneys Ksenia Maiorova and Amy Maldonado, who’ve both helped multiple athletes obtain visas that allow them to take advantage of NIL opportunities not possible under student visas.
You can check out the full interview below. See below for timestamps noting specific topics covered.
1:24: Breaking down the types of visas potentially available for international student athletes, including F-1, P-1A, O-1A and EB-1A
6:28: Limitations on international student athletes on an F-1 visa
7:59: Whether athletes on an F-1 can argue NIL deals are related to their major
10:29: Whether athletes on an F-1 can work camps/clinics over the summer
11:16: Passive NIL opportunities international student athletes can take advantage of
17:53 The myth that small NIL deals won’t be noticed by consular officers
20:24: The lack of an appeals process for visa denials/revocations
23:31: Workarounds international student athletes have tried that don’t work (getting paid in their home country/currency, donating to charity, etc.)
27:04: Completing NIL deals while competing in another country
30:45: Completing NIL deals while in their home country
32:46: How an international student athlete could qualify for a P-1A visa and safely participate in NIL opportunities
39:26: If student athletes become employees, how does that change circumstances for international student athletes?
40:19: How an international student athlete could qualify for a O-1A or EB-1A visa and safely participate in NIL opportunities
46:49: The timeline and cost of pursuing a P-1A or O-1A visa
49:49: Issues specific to Russian student athletes
50:43: Why the Dartmouth men’s basketball team’s NLRB case is interesting because of their international student athletes.
55:13: What does the future look like for international student athletes?