Name, Image & Likeness, but for international student-athlete, where are we now ?

What the House v. NCAA Settlement Means for International Athletes for real ?

Introduction: A New Era for College Sports?

Picture this: It’s July 2025. A college athlete signs into their bank app and sees a deposit they never thought possible. Their school, for the first time in NCAA history, has shared its revenue directly with them. A game-changer, right? But for international athletes, this dream could be a legal nightmare.

The House v. NCAA settlement is poised to reshape the financial landscape of college sports, introducing revenue-sharing for Division I athletes. While this is a long-overdue victory for student-athletes fighting for fair compensation, international players are caught in a legal gray area that could cost them far more than a paycheck.

Revenue-Sharing: A Step Toward Fairness or a Pandora’s Box?

For years, college athletes have generated billions in revenue for universities, media companies, and sponsors, with little to no compensation beyond scholarships. The House v. NCAA settlement changes that by allowing schools to distribute a portion of their revenue directly to athletes, effectively acknowledging their role as key stakeholders in the financial ecosystem of college sports.

This move has been hailed as a historic win for athletes’ rights. Schools can now allocate up to $20 million annually for direct payments to student-athletes, offering financial security to many who previously struggled to make ends meet. However, this change also raises major concerns: How will schools balance their budgets? Will non-revenue sports suffer as funds are redirected toward football and basketball programs?

For international athletes, the implications are even more severe. Unlike NIL deals, which athletes could bypass or structure in creative ways, revenue-sharing payments from schools leave little room for maneuvering. Every eligible player is entitled to a piece of the pie, meaning international athletes can’t simply opt out without sacrificing their fair share.

This puts schools in a precarious position. If they distribute funds to international athletes, they risk violating labor laws. If they withhold payments, they create an uneven playing field that could impact recruitment and retention.

The Visa Trap: Why International Athletes Are at Risk

Thousands of international athletes come to the U.S. on student visas (F-1), which come with a critical restriction: they prohibit most forms of employment. While domestic players are celebrating their newfound financial freedom, international athletes face a stark reality—if they accept these payments, they could violate their visa status, leading to potential deportation, reentry bans, and even losing their education in the U.S.

It’s not just the athletes who have to be careful. Schools themselves could face repercussions if they pay athletes who are unauthorized to work under U.S. immigration law. This means compliance departments are scrambling to figure out a solution before the July payments roll in.

So, what are the options? Can international athletes cash in without risking their future?

Legal Loopholes and Workarounds: Are They Enough?

Some have already found creative ways to navigate NIL deals. Remember Oscar Tshiebwe? The former Kentucky basketball star took advantage of an international loophole by doing NIL deals in the Bahamas. Northwestern State’s Hansel Emmanuel got an "O class" visa, reserved for individuals with extraordinary abilities, allowing him to profit legally.

But here’s the catch: The House v. NCAA settlement isn’t just NIL—it’s direct payments from schools. That makes it virtually impossible for international athletes to avoid crossing the line into unauthorized employment.

Immigration attorney Ksenia Maiorova puts it bluntly: "We can call it whatever we want, but at the end of the day, direct payments are labor." That means unless a new visa category emerges or the Department of Homeland Security intervenes, these athletes are stuck.

Pathway for NCAA Athletes: How to Stay on the Field (and in the U.S.)

1. Apply for an O-1 Visa: Reserved for individuals with "extraordinary ability," this visa has been used by top-tier athletes and artists. However, it’s not an easy process and is far from a blanket solution for all international athletes.

2. Passive Income Strategy: Some lawyers argue that group licensing payments, like jersey sales, could qualify as "passive" income, which is technically allowed. But this interpretation is risky and hasn’t been tested at scale.

3. Play It Safe: Some athletes may choose to forgo payments entirely, prioritizing their eligibility and immigration status over a short-term payday. But should they have to?

4. Government Intervention: Congress or DHS could release new guidance allowing international athletes to receive payments without jeopardizing their visas. But given the slow-moving nature of bureaucracy, athletes can’t afford to wait.

   
   

What About International Student-Athletes?

For non-NCAA international athletes looking to monetize their personal brand, the path is even murkier. Many European and South American countries don’t have strict NIL regulations, but endorsement deals still require careful contract negotiations. If a student-athlete is studying abroad and looking to make sponsorship money, they should:

• Seek Local Sponsorships: Partnering with brands in their home country can help avoid legal conflicts.

• Utilize Social Media: Monetizing platforms like YouTube or Instagram can qualify as passive income in many jurisdictions.

• Explore Work Visa Options: If an athlete wants to go pro, securing a work visa early can help transition smoothly into a paid sports career.

  
  

A Crisis or a Call to Action?

The House v. NCAA settlement was meant to fix a broken system, but for international athletes, it may have just created a new set of problems. With no clear answers from the NCAA or the government, these players are left to make an impossible choice: accept payments and risk everything or stay unpaid while their teammates cash in.

The clock is ticking. Schools, immigration lawyers, and lawmakers need to step up before this crisis forces thousands of international athletes to pack their bags. After all, isn't college sports about opportunity?

If we don’t find a solution, the next generation of international stars might never set foot on U.S. soil. And that? That’s a loss for everyone.