Dual threat for College Sports: international student-athlete

The Looming Threat to College Sports and the Urgent Need for Reform

Ladies and gentlemen, let’s talk about a battle happening right now in college sports. No, it’s not on the field. It’s in the boardrooms, in Congress, in legal offices. And this one? It could change the future of college athletics forever. It’s the intersection of NIL (Name, Image, Likeness) and immigration law—two juggernauts clashing, leaving international student-athletes and their universities stuck in the middle.

The Problem: From Student Issue to Institutional Liability

In the past, NIL-related immigration issues were seen as an athlete's personal problem. You violated your F-1 visa terms? That’s on you. Universities were bystanders, watching from the bleachers. But not anymore. The proposed House v. NCAA settlement, which would send $21–22 million per school directly into athletes' pockets, has changed everything.

Suddenly, universities aren’t just spectators; they’re on the field. If schools start directly paying athletes, international student-athletes—who make up nearly 12% of NCAA Division I athletes—are at serious risk. Why? Because under current U.S. immigration law, most of them aren’t legally allowed to work in the U.S. beyond their scholarships. If universities misstep, they could face massive legal penalties, civil and even criminal liability, and worst of all, risk losing federal funding.

And this isn’t some gray area. This is black and white. Immigration law, as interpreted by the Department of Homeland Security (DHS), does not care if an athlete is labeled an “employee” or an “independent contractor.” Work is work. Compensation is compensation. And if it’s earned in the U.S. without authorization, it’s a violation.

The Fake Solutions: Workarounds That Don’t Work

So, what are schools doing? Trying to be clever.

1. The "Independent Contractor" Scam

Some universities think they’ve found a loophole. They call payments “independent contractor agreements” instead of salaries. The idea? Dodge employment restrictions.

But here’s the kicker: immigration law doesn’t recognize that distinction. Whether you’re a W-2 employee or a 1099 independent contractor, if you’re getting paid for services performed in the U.S., you need work authorization. Schools who rely on this strategy could get slapped with “knowing hire” violations. And trust me, the federal government doesn’t play when it comes to hiring unauthorized workers.

2. The "Passive Income" Myth

Other schools are getting even more creative, claiming payments are “passive income” like royalties. Think of it like streaming revenue—money that rolls in whether you work or not. Sounds good, right?

Except it’s total nonsense. If an athlete has to show up, play, sign autographs, or participate in team appearances, it’s active income. And if that money is performance-based—meaning the better you play, the more you get—there’s no legal way to call it passive income. That argument would collapse like a house of cards in court.

3. "Just Exclude International Athletes"

Some universities think they’ve found a simple fix: just don’t pay the international kids. Pay the Americans, let the internationals sit this one out. Or, give the internationals a “choice” to opt-in or out.

But here’s the problem. That’s discrimination. And under U.S. law, if you have two people doing the same job, but one gets paid and the other doesn’t because of nationality, you’re in trouble. Big time.

The Consequences: The Real-Life Fallout

Let’s make this real. Picture a top-tier university with a soccer team stacked with international talent. Half the starting lineup is from overseas. They’ve trained for years, sacrificed everything, and now their American teammates are cashing in while they’re stuck on the sidelines—no NIL deals, no revenue-sharing, nothing. How does that affect team morale? Recruitment? Retention?

It’s already happening. Some international athletes are considering transferring to schools outside the U.S., and some schools are even pulling back on recruiting international talent altogether.

That’s a problem. College sports aren’t just an American thing anymore. They’re global. And if universities start losing top international talent because of bad NIL policies, the competitive balance of the NCAA will collapse.

The Real Solution: What Needs to Happen

So what’s the fix? Right now, universities are playing defense. But they need to go on the offensive. They need to push Congress and the federal government to create a clear, unified NIL framework for international athletes. Here’s how:

1. Push for P-1A Visas for NCAA Athletes

Right now, international athletes can only compete in the U.S. under F-1 student visas, which have strict work limitations. But professional athletes can apply for P-1A visas, which allow them to earn income while competing. The NCAA should lobby for P-1A eligibility for college athletes in revenue-generating sports. If pro tennis players and golfers can get P-1As, why not elite college athletes?

2. Create an NCAA NIL Visa Program

If Congress won’t act fast enough, the NCAA and its member schools need to build their own bridge. They should create a unified NIL visa program in partnership with DHS that explicitly allows international athletes to receive compensation while maintaining their student-athlete status. This isn’t rocket science—other industries have similar models. The NCAA just needs to fight for it.

3. Schools Must Demand Federal Legislation

Universities need to stop acting like this is just an issue for their compliance departments and start treating it as a top-tier federal lobbying priority. This isn’t a “nice to have.” It’s an existential threat to the future of international recruitment in college sports. Schools should push Congress to pass a law that explicitly allows international student-athletes to receive NIL income without jeopardizing their visa status.

Final Thoughts: The Time for Action is Now

College sports are changing fast. What used to be an amateur-only system is evolving into something that looks a lot more like the pros. But while American athletes are adapting and thriving, international athletes are being left behind—not because they aren’t talented enough, but because of outdated immigration laws that no longer fit the modern world.

This isn’t just about fairness. It’s about the future. If universities don’t act now, they’ll lose some of the best athletes in the world to countries that offer better opportunities. The NCAA has a choice: be a leader and fix this issue, or let college sports become a second-tier option for the world’s top talent.

The time to act is now. Who’s stepping up?