Problem:  

·  International student-athletes do not have the universal ability to receive compensation for their required athletic hours, nor to capitalize on their Name, Image, and Likeness (“NIL”), as do their U.S. counterparts.  This is because of restrictions on employment authorization associated with their student F-1 visa status and the definition of “employment” under U.S. immigration law.   

·  Direct salary for college athletes is on the precipice of implementation, based on recent NLRB rulings, comments in Supreme Court decisions, a prominent FLSA case, statements of endorsements from NCAA executives, and state legislatures moving forward with laws permitting direct compensation to college athletes. Such a Virginia law is expected to take effect as early as July 1 of this year.  Moreover, earnings for NIL are now widely accepted for college athletes.  

·  International student-athletes in F-1 status would be in immediate violation of their student status when a direct salary compensation model is implemented by their schools.   

·  Because of this, it is highly likely college teams will have to cut international student-athletes from their rosters immediately, potentially causing schools to have to pull out of competitions and conferences.  This would harm the U.S. student-athlete teammates who, with a diminished roster, could lose the ability to compete in college athletics at all.  It will also mean the schools could lose large alumni donations that are often driven by sports programs. Moreover, the local communities and economies around the universities that rely on the tourism and revenue generated by college sports could be devastated.  In addition, international student-athletes could lose their athletic scholarships and then may need to withdraw from school.    

·  Athlete NIL has become a common and very successful method of promotion, not only for the individual athletes themselves, but also for the college teams on which the athletes play. The inability of international student-athletes to leverage NIL for themselves, and in turn their school programs, will clearly have a negative effect on the U.S. colleges as well. 

Solution: 

The Department of Homeland Security can implement a policy immediately that interprets permissible “on-campus employment” in 8 CFR 214.2(f)(9)(i) to include both direct wages from the school and compensation from non-school sources in connection with the athlete’s Name, Image, and Likeness.   

Benefits of this solution:

·  No legislative or regulatory change is needed, making it faster and easier to implement.  

·  The solution ensures that universities’ sports programs remain intact for U.S. universities, their local communities, and their national supporters.   

·  Permission to receive both direct salary and/or NIL compensation would be incident to status and would not require a separate application to USCIS for an Employment Authorization Document.    

·  The solution ensures that universities remain I-9 compliant.   

·  The solution makes it easier for U.S. universities to engage in group licensing deals when a team is comprised of both U.S. and international student-athletes.  

·  The proposal makes NIL and direct compensation available to all international student-athletes, even to those students who would not otherwise qualify for visas like the O or the P, which have very high standards.  

Who we are: 

We are a group of university and immigration law stakeholders who believe that U.S. colleges should not be forced to cut F‑1 students from their teams and potentially withdraw their teams from participation in a college sports league altogether.  

Catherine Haight, Haight Law Group, PC; Ksenia Maiorova and Jonathan Grode of Green and Spiegel LLC; David Weber, Creighton University; John Mazzeo, Vertical Screen, Inc.; Ian Wagreich, Hinshaw & Culberson LLP; Amy Maldonado, Law Office of Amy Maldonado LLC; Karin Wolman, Law Office of Karin Wolman; and Fuji Whittenburg, Whittenburg Immigration Law.

PLEASE SIGN THE PETITION NOW!!!