Name, Image, and Likeness Deals and Immigration Consequences for International Student-Athletes

Abstract

International student-athletes are being sidelined from deals that would allow them to reap financial benefits from licensing their name, image, and likeness (“NIL”). The calls to sideline these students are not coming from the NCAA or even the federal agencies in charge of immigration. The calls are coming from overly cautious universities, attorneys, and academics who incorrectly see NIL licensing as work or employment that is incompatible with the visa obligations of international student-athletes. This Article argues that international athletes can license their NIL without violating their visa terms.

Keywords: immigration, NIL, college, athletics, students, employment, visa, international, university, licensing, right of publicity, NCAA

JEL Classification: K1, K10, K37, K12, K30