On July 1, 2021, the NCAA (National Collegiate Athletic Association) officially approved a series of policies that allow student athletes belonging to any division and discipline to earn money through the monetization of their own image, name and likeness, known as "name, likeness and image rights" (NLI Rights).
It is pertinent to mention that the NCAA is the strongest association in terms of college sports in the United States, which is why the approval of a regulation of this nature generates a great impact on a broad college population. Currently, 460,000 student athletes compete in different NCAA disciplines and divisions. It is a sports association that generates around one billion dollars annually and is made up of more than 1,000 educational institutions distributed in 50 states across the country.
What happened prior to the approval of the NLI Rights?
Before the approval of the new guidelines, any NCAA student athlete was legally restricted from participating in activities that involved the use of their own image or name to generate income.
Today, the updated rule allows them to earn money using their image through activities such as monetizing videos on platforms like YouTube, selling autographs, appearing in commercials, launching their own merchandise, signing sponsorships and even more possibilities.
However, since it is not a federal law, each state can freely impose the specifications regarding this issue and in case it is not pronounced, NCAA rules will be followed, which grant each university the freedom to choose its own rules.
Can F-1 Visa students benefit from NLI Rights?
This is one of the big concerns that has arisen within the community of more than 21,000 foreign student-athletes currently competing in the NCAA. To begin, it is important to address the significance of having an F- 1 Visa, also known as a student visa.
The US Immigrations and Customs Enforcement (ICE), one of the most important entities in terms of regulating immigration matters in the United States, establishes that the F-1 Visa grants students the possibility of obtaining a job only within the university campus and under strict regulations that, if violated, can lead to the loss of the scholarship and even deportation.
Working off campus is not an option. Despite this, the possibility could be enabled for reasons that ICE calls "severe economic hardship"; those that are beyond the control of the student (war conflicts, natural disasters, etc) who originally underwent a meticulous economic study before legally entering the United States.
Given the requirement of the U.S. immigration regime regarding the type of employment that international student athletes can and cannot perform, doubt arises about the possibility of monetizing their image, since the activity is not strictly categorized as a type of employment.
However, the current reality is that the NLI Rights regulation does not contain specifications regarding the needs, interests or possible integration of the foreign student population.
Given the uncertainty and the seriousness of the consequences of violating any immigration law, some institutions have suggested to their students to follow certain recommendations while they are in U.S. territory. One of them is aligned that as long as there is no official and conclusive pronouncement regarding the possibility of students with F-1 Visa to have the explicit right to monetize their image, name and likeness, the best thing to do is not to participate in any activity that may put their immigration status at risk.
Now, in the event that a student athlete is offered a financial opportunity linked to his or her image, it is recommended to seek the advice of an immigration attorney who can provide formal advice to avoid any misunderstanding or eventual consequences that could jeopardize his or her academic and athletic career.
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