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Senators Write Letter Urging DHS to Allow NIL for International Athletes

A bipartisan effort led by Senator Richard Blumenthal calls for the Department of Homeland Security to remove restrictions on NIL engagments for international student athletes

Noah Henderson

Oct 17, 2023; Washington, DC, USA; Senator Richard Blumenthal (D-CT), right, speaking with NCAA
Oct 17, 2023; Washington, DC, USA; Senator Richard Blumenthal (D-CT), right, speaking with NCAA / Jack Gruber-USA TODAY

I have advocated ad nauseam for international student-athletes to be given an equal platform as their American peers in the realm of NIL. This is not a solitary battle but a collective sentiment that the unequal treatment of international student-athletes is unjust. These athletes, who often secure legal residency in the United States through F-1 visas, bring immense talent to collegiate athletics. However, their legal status imposes employment restrictions that hinder their participation in many NIL endorsements.  

While not all NIL opportunities are subject to these restrictions, most NIL engagements, and often the most lucrative NIL deals, collective payments, violate student visa guidelines. Some of the NCAA’s biggest stars, like Purdue’s Canadian center Zach Edey, most NIL deals and hundreds of thousands of dollars are left on the table. Now, after nearly three years of the Department of Homeland Security (DHS) sitting idly by as inequity in college sports grows, calls from the legislative branch to fix this issue are growing loud. 

Yesterday, a letter spearheaded by Senator Richard Blumenthal (D-CT) strongly urged the DHS to provide clarity and remove restrictions on NIL engagements for international student-athletes: 

“While many students have rightfully benefitted from these new opportunities, international college athletes and college athletic programs face a credible risk that even the most basic NIL deal could violate the work restrictions of the F-1 visa. DHS could clarify that the F-1 visa program does not prevent a student from engaging in NIL related activities, securing college athletes’ economic opportunities and easing concerns that students and schools might run afoul of the law. Unfortunately, the tens of thousands of international students competing in NCAA competitions have been deprived of these economic opportunities because of a lack of guidance on, or changes to, the conditions of their student visas by DHS.” 

The full text of the letter can be found here. Three other senators signed the letter to the DHS: Chris Murphy (D-CT), Pete Ricketts (R-NE), and Shelley Moore Capito (R-WV). It is important to note that this is a bipartisan effort. Other aspects of NIL regulation and introduced federal legislation have faced roadblocks due to partisan differences in how antitrust enforcement should be implemented within collegiate athletics; however, when it comes to enshrining equal rights for domestic and international athletes, party lines do not appear to be a factor. 

The DHS is not the only avenue for removing NIL restrictions on NIL athletes; recent legislative efforts from Valerie Foushee (NC-04) (link) appear ready to allow federal legislators to take corrective action. A united effort is underway to help promote equality in college athletics; whether the executive or legislative branches take action to implement the change remains to be seen.    

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Noah Henderson
NOAH HENDERSON

Professor Noah Henderson teaches in the sport management department at Loyola University Chicago. Outside the classroom, he advises companies, schools, and collectives on Name, Image, and Likeness best practices. His academic research focuses on the intersection of law, economics, and social consequences regarding college athletics, NIL, and sports gambling. Before teaching, Prof. Henderson was part of a team that amended Illinois NIL legislation and managed NIL collectives at the nation’s most prominent athletic institutions while working for industry leader Student Athlete NIL. He holds a Juris Doctor from the University of Illinois College of Law in Urbana-Champaign and a Bachelor of Economics from Saint Joseph’s University, where he was a four-year letter winner on the golf team. Prof. Henderson is a native of San Diego, California, and a former golf CIF state champion with Torrey Pines High School. Outside of athletics, he enjoys playing guitar, hanging out with dogs, and eating California burritos. You can follow him on Twitter: @NoahImgLikeness.