Australian LSU Women's Basketball Player Sues USCIS Over Visa Denial

Last-Tear Poa has filed a suit in Louisiana after the USCIS denied her application for a P-1A visa which would allow her to fully participate in NIL.

Mar 9, 2024; Greensville, SC, USA; LSU Lady Tigers guard Last-Tear Poa (13) handles the ball against the Ole Miss Rebels during the second half at Bon Secours Wellness Arena. Mandatory Credit: Jim Dedmon-Imagn Images / Jim Dedmon-Imagn Images

LSU women’s basketball player Last-Tear Poa has filed a lawsuit against U.S. Citizenship and Immigration Services (USCIS) after her P-1A Athlete visa application was denied. The story was first reported by On3. This lawsuit, located in the U.S. District Court for the Middle District of Louisiana, challenges the decision made by USCIS, which comes on the heels of Poa’s contributions to the Tigers’ program, including the team’s first national championship title in the 2022-23 season.

Originally from Melbourne, Australia, Poa joined LSU in 2022 after a stint at Northwest Florida State College, where she emerged as one of the nation’s top juco prospects. To qualify for the P-1A visa, which is meant for internationally recognized athletes, applicants must demonstrate that they are coming to the U.S. to compete at a major level. 

According to the USCIS website, there are four ways an athlete could obtain such a visa:

1) An individual athlete at an internationally recognized level of performance;
2) Part of a group or team at an internationally recognized level of performance;
3) A professional athlete; or
4) An athlete or coach, as part of a team or franchise that is located in the United States and a member of a foreign league or association.

Like many international student-athletes, Poa maintains legal residency in the United States on an F-1 student visa. Since the inception of NIL in 2021, this conditional residency presents additional challenges for international athletes interested in participating in NIL activities. Restrictions on F-1 visa holders prevent them from engaging in non-work-study employment and prohibit active NIL activations. Students on F-1 visas can participate in passive NIL activations where no labor is required, like licensing NIL rights to a merchandiser to make a jersey featuring an athlete’s last name.

While international athletes aren’t entirely barred from earning, most NIL activations, especially endorsement opportunities that pay the most, are not passive; the athlete is often required to work. For someone like Poa, who has amassed 159,000 Instagram followers, tens of thousands of dollars are left on the table from her inability to partner with brands interested in using her influence for sponsored content. Her inability to partner with brands further injures her ability to grow her platform. 

Now, over three years into NIL, the USCIS has provided no guidance or path forward to international athletes – who comprise roughly 12% of all DI student-athletes– for their ability to earn. Poa serves as a high-profile reminder to all that inequity remains in NIL. Revenue sharing and NIL collective regulation have dominated decision-makers’ priorities, and unfortunately, the push for visa reform remains a secondary issue.