NIL for Student Athletes
Updated July 6, 2021
On June 21, 2021, SEVP (Student and Exchange Visitor Program, the office responsible for regulating F and J visa types) released a message to SEVIS-certified schools stating the office is:
As all EWU international students should know, unauthorized employment will result in the immediate termination of your SEVIS record. Because SEVP has yet to release updated guidance, EWU international student athletes are advised to consult a private attorney to determine whether the NCAA's NIL compensation constitutes "employment" as prohibited by F-1 visa status. The EWU Global Student Services office does not administer legal advice and the contents of this page should not be construed as such.
Please reference the following citation from the Code of Federal Regulations regarding the prohibition of employment for all nonimmigrants:
International students with specific questions regarding authorized employment should contact their immigration advisor.
On June 21, 2021, SEVP (Student and Exchange Visitor Program, the office responsible for regulating F and J visa types) released a message to SEVIS-certified schools stating the office is:
[...]aware of and actively monitoring proposed federal and state legislation pertaining to the use of name, image and likeness for student athletes, including F and M nonimmigrant students. The program is working with its partners within the U.S. Department of Homeland Security to review how this legislation affects international student athletes and will provide updated guidance via Broadcast Messages, Study in the States, social media and SEVP field representatives.
As all EWU international students should know, unauthorized employment will result in the immediate termination of your SEVIS record. Because SEVP has yet to release updated guidance, EWU international student athletes are advised to consult a private attorney to determine whether the NCAA's NIL compensation constitutes "employment" as prohibited by F-1 visa status. The EWU Global Student Services office does not administer legal advice and the contents of this page should not be construed as such.
Please reference the following citation from the Code of Federal Regulations regarding the prohibition of employment for all nonimmigrants:
8 CFR 214.1(e) Employment. A nonimmigrant in the United States in a class defined in section 101(a)(15)(B) of the Act as a temporary visitor for pleasure, or section 101(a)(15)(C) of the Act as an alien in transit through this country, may not engage in any employment. Any other nonimmigrant in the United States may not engage in any employment unless he has been accorded a nonimmigrant classification which authorizes employment or he has been granted permission to engage in employment in accordance with the provisions of this chapter. A nonimmigrant who is permitted to engage in employment may engage only in such employment as has been authorized. Any unauthorized employment by a nonimmigrant constitutes a failure to maintain status within the meaning of section 241(a)(1)(C)(i) of the Act.
International students with specific questions regarding authorized employment should contact their immigration advisor.