As a result of the 2021 NCAA decision to allow student athletes to benefit from their name, image, and likeness (NIL), it is understandable that UMN international student athletes wonder if they can legally pursue NIL opportunities.
ISSS has reviewed the UMN NIL policy to see how it fits with the existing F-1 student visa regulations. Interpreting these policies together, we have concluded that F-1 student athletes who want to benefit from NIL must be eligible for and receive Curricular Practical Training (CPT) authorization in order to receive compensation.
If you have questions, contact an ISSS advisor.
Background
The SEVIS program, which oversees the F-1 rules for international students, said in July they were reviewing the Name, Image, Likeness (NIL) development and how it may relate to international student athletes on F-1 visas. They have not yet issued specific information about their interpretation of how these rules will be applied to international student athletes.
However, USCIS, which oversees applications for immigration benefits and interprets U.S. immigration regulations, has said that an individual in the U.S. on a visa who wants to work must obtain appropriate authorization for that work. Even if the work is performed for an entity abroad and the income or compensation is delivered abroad, what matters is where the individual is when the work is performed. If the individual is working while in the U.S., USCIS has stated that they need to have U.S. work authorization. Curricular Practical Training (CPT) is the most common type of off-campus work authorization for F-1 students pre-graduation.
UMN's interim NIL policy states: "Any form of compensation received by a Student-Athlete (e.g., cash or other material benefit) must be for work actually performed..." Since the policy explicitly mentions “work”, and the work is not for UMN (not “on campus employment”), an F-1 student who wants to benefit from NIL must be eligible for and receive CPT authorization in order to receive compensation. A primary CPT eligibility criteria is that the work must be directly related to the student’s UMN major listed on their I-20. If the work is not directly related to the student’s major, then it is not work that can be authorized through CPT.
Students should also be aware that "compensation" can come in different ways. ISSS gives some examples on our website. Athletic gear, clothing, meals, etc. in exchange for work can be considered compensation or paid employment. International student athletes will need to carefully analyze the interim NIL policy and F-1 visa regulations in order to determine whether they are eligible for such opportunities.
