Yes, the NCAA does allow international athletes to do NIL deals. However, most international athletes are restricted heavily by the terms of their student visa. The federal government would have to make changes to the terms of student visas in order for international athletes to be able to do the same NIL activities as other college athletes.

International student athletes can get NIL deals under very limited circumstances. Immigration attorneys generally agree that international student athletes can do NIL deals while in their home country (although not necessarily other countries). While in the US, they can only undertake passive income opportunities. What qualifies as “passive” is open to some interpretation, but a mistake can cost the athlete their visa. Some examples are discussed by two immigration attorneys on our podcast. We also have a good breakdown of the podcast here.

Yes, under certain circumstances, international student athletes can attempt to get an O-1  “extraordinary ability” visa. Priority is given to those with extraordinary talent and can be easier for athletes in some sports over other sports. Northwestern State’s Hansel Enmanuel successfully secured this visa, and his attorney joined our podcast to discuss.

No, multiple immigration attorneys we consulted (including on our podcast) said getting paid outside the U.S. isn’t enough to avoid visa issues. If services are rendered while in the US, there’s still a problem. The athlete can safely do deals while physically in their home country, but even in third countries (not the US or their home country), an athlete would need to consult local laws to be safe. This issue has come up as some international athletes have attempted to do NIL deals while in other countries for games or tournaments.

The two immigration attorneys we spoke to on our podcast said no—donating NIL proceeds to charity doesn’t overcome the issue. An athlete would have to first earn that money to be able to donate it, and it’s the earning part that would create an issue with the restrictions on student visas.