2021
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New York University *
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MISC
Subject
Law
Date
Jan 9, 2024
Type
docx
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Uploaded by acj9150
2021’s name image and likeness (NIL) rules allowed collegiate athletes to make a profit from
sponsorship deals and brand partnerships. Even though many student-athletes are currently
using their name image and likeness to produce a stream of income for themselves,
international student-athletes are not receiving the same freedoms because of the F visas that
they are using to enroll in U.S.-based schools. Currently, the only way for international student-
athletes to get NIL deals is by obtaining O or P visas, which are typically reserved for those
athletes with international recognition, obtaining a green card through sponsorship by a U.S.
citizen spouse or parent, or obtaining various humanitarian statuses. All of these alternatives
are much more difficult to receive and less likely to be granted.
In general, I believe that the specific regulations that are holding back international student-
athletes with standard F visas from participating in NIL should be analyzed and loosened to try
to give these student-athletes more freedom. Objectively, these student-athletes are bringing
the same value to universities and will typically have their names, images and likenesses used
just as much as their non-international counterparts. For the sake of fairness, these athletes
should be able to receive opportunities for financial gain for this so that they can sustain
themselves in a new country.
Legally I believe that these student-athletes should also have the same privileges and rights with
their visas that other, everyday immigrants with work visas are given. One of the six rights of
these immigrants is to be paid fairly. While being a student-athlete is not necessarily going to
give you money, they should have a fair opportunity to receive NIL deals as a means for income
as non-international student-athletes do.
References
Foreign student-athletes and name, image, likeness
. Sports Litigation Alert. (n.d.). Retrieved
January 29, 2023, from https://sportslitigationalert.com/foreign-student-athletes-and-name-
image-likeness/
Karnani, N. (2023, January 19).
What are your rights with a temporary work visa
. Antonini &
Cohen. Retrieved January 29, 2023, from https://antoniniandcohen.com/blog/business-
immigration/what-are-your-rights-with-a-temporary-work-visa/
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