International Student Guidance
International student-athletes should consult with the Office of International Student Services and/or their own immigration attorneys prior to engaging in any NIL activities in order to prevent jeopardizing their immigration status. Questions may also be directed to the U.S. Student & Exchange Visitor Program at SEVP@ice.dhs.gov.
Why are international students more restricted in this space?
International students on F-1 visas are limited in their ability to obtain employment and earn taxable income. And thus, international students may only work in limited circumstances such as: on-campus employment, curricular practical training (CPT), and optional practical training (OPT). And so, with consideration of state, federal and NCAA guidelines, international students have a more difficult time accessing permissible NIL opportunities while studying at the University.
If I am an international student, are there permissible NIL opportunities I can explore?
There is a certain level of risk associated with any activity, so be sure to connect with those resources noted above prior to entering any agreements. Noted below however, classified by risk, are recommendations from industry experts for international students:
- Don't Do It (No Risk): Avoid deals to eliminate any possible violations of your F-1 visa. International students can still utilize support resources to learn how to build their personal brand, grow their knowledge in financial literacy and other business concepts, and better prepare themselves to excel in professional opportunities once their education has concluded.
- Activities Abroad (Limited Risk): Only engage in activities while abroad in your home country. F-1 regulations are only enforceable on US soil, and so international students can explore NIL opportunities and earn income when they are in their home country. (All activities should be occurring on their home soil.)
- NIL as Passive Income (Care Required): International students are permitted to earn “passive income,” i.e. income earned with very little effort or participation in the activity. In this instance, a student would establish a NIL entity in their home country, whereas an “agent” in that country holds the rights and maintains management over the entity without involvement of the student. This is the riskiest approach, so international students need to consult their immigration attorney if exploring this possibility.