By: Alexis Castillo
The NCAA’s Name, Image, and Likeness (NIL) policy is not currently accessible to the roughly 14,000 international student-athletes competing at the Division I level. Most of these athletes attend U.S. colleges and universities on F-1 (student) visas, which grant them access to standard student benefits and compensation from passive NIL deals, not active ones that involve promotional work, social media, or public appearances. However, questions remain about their eligibility to receive NIL compensation under this visa category.
As of September 2025, a Louisiana-based federal judge denied the U.S. Citizenship and Immigration Services’ (USCIS) request to categorically prevent international college athletes from obtaining visas typically used by professional athletes for compensated work. While college athletes can now be paid directly by their schools and third-party sponsors for endorsements, it is still uncertain whether international athletes who accept such payments would be reclassified under a different immigration status. Nonetheless, this recent court decision is a step closer to ensuring parity in treatment for international athletes.
Federal law remains unclear as to whether obtaining a particular type of visa for athletic purposes conflicts with a student’s right to receive education-related endorsements. This raises the question: should other states follow Louisiana’s approach, recognizing that visa eligibility involves more complex factors than simply the sport an athlete plays? The USCIS argued, unsuccessfully, that an applicant must be in the United States “solely”for the purpose of participating in their sport to receive a P-1A visa and lawfully earn compensation through active NIL deals. Under this interpretation, a college athlete who is also pursuing an education would fail the requirement because their presence in the country is not exclusively tied to athletic performance. According to both the Adjudicator’s Field Manual and the Code of Federal Regulations, the athlete bears the burden of proving eligibility by a preponderance of the evidence.
This raises a fundamental question: should the pursuit of sport not be understood as intertwined with the pursuit of education—especially in the college athletics system the United States itself created? If intent becomes a decisive element, the standard becomes practically unworkable to apply with consistency, leaving international athletes without opportunities that benefit not only their own careers but also their universities and even their home countries.
Canadian basketball athletes have fallen victim to the ambiguity in the law. University of Connecticut’s women’s basketball forward Aaliyah Edwards, from Ontario, Canada, signed a major NIL deal with Adidas Canada, but was not allowed to speak on it with reporters in Connecticut, fearing the promotion might jeopardize her student visa. Her teammate Paige Bueckers, by contrast, was able to build an NIL valuation worth more than half a million dollars in the NIL world. Under the current visa system, athletes like Edwards are at risk of losing their legal status if they earn any NIL money.
Similarly, Purdue University’s men’s basketball Canadian center Zach Edey, holds an F-1 student visa and is therefore barred from participating in American NIL deals. He has expressed he prefers to not hear about NIL deals as they are missed opportunities, until the law changes.
Purdue coach Matt Painter emphasizes that name, image, and likeness needs to happen because the product is the player. NIL opportunities benefit more than just the athlete—they amplify the branding of the university and increase global visibility. Edwards and Edey, for example, represent Canada while competing on U.S. soil, creating international attention that strengthens collegiate athletics and promotes cross-border engagement. Just as domestic NIL deals have transformed financial opportunities for American athletes, international NIL deals have the potential to generate global exposure, economic activity, and cultural exchange.
In response to these constraints, international college athletes have begun searching for loopholes. The startup Influxer has assisted roughly three dozen foreign athletes by producing photos, videos, and introductory podcast material that can be used for NIL deals executed during competitions outside the United States, such as in the Bahamas. This workaround reflects a growing trend: international athletes are forced to navigate legal workarounds simply to access opportunities readily available to their American teammates.
