New Campaign Pushes for International Athlete NIL Rights
A coalition led by NOCAP Sports’ Casey Floyd launched a public campaign for international athlete NIL rights. The campaign urges Congress and U.S. Citizenship and Immigration Services to address visa restrictions that largely exclude more than 20,000 international NCAA athletes from NIL opportunities, despite NCAA rules allowing those activities by the athletes.
IUPUI tennis player Alex Jochim could charge $40-50 an hour giving tennis lessons, now that NCAA name, image, and likeness rules finally allow those activities, he told Front Office Sports.
It would be a major bump from his $13-an-hour on-campus gig — particularly given how few hours he can work as an athlete.
But if Jochim, a London native who attends school on an F-class visa, were to engage in NIL activities, he could also violate his visa status under current laws. Jochim is one of more than 20,000 international NCAA athletes largely left out of an estimated billion-dollar industry.
That’s because most NIL activities fall outside the “highly restrictive” employment laws for F-1 visas, Green and Spiegel attorney Jonathan Grode told FOS.
Petition for Change
Now, a coalition of college sports stakeholders are advocating for change. On Wednesday, a group led by Casey Floyd, Chief Compliance Officer of NIL company NOCAP Sports, launched the first formal public international NIL rights campaign.
The movement includes a petition with three recommendations for Congress and U.S. Citizenship and Immigration Services that Grode and others helped create. The petition lists three law groups and 20 coaches’ associations and is accompanied by a short video featuring several international Power 5 athletes. Some of the issues the petition is hoping to address are:
Today ISA cannot have their own brands or businesses while attending school in America.
Today if an ISA from Australia has a successful business idea or YouTube channel, they have to give it up if they want to go to school in America.
Today if an ISA from Canada is offered an NIL deal by businesses in Canada, they cannot do those deals if their feet are in America.
Floyd, also the former athletics director of compliance at the University of Michigan, has been working on the campaign for several months.
Why the call to action?
“The right to your own name is a fundamental human right,” Floyd told FOS. He got involved because this issue has flown under the radar — and many people who are aware of it don’t know how to help.
In June 2021, the Student and Exchange Visitor Program, administered by ICE, said it was “monitoring” NIL legislation. But there’s been no public movement since then.
In a statement to FOS on Wednesday, an ICE spokesperson said the SEVP “continues to assess the issue of F and M international student-athletes receiving compensation for the use of their name, image and likeness.” It is working with other agencies to determine “the number of impacted students and whether regulatory guidance is required.”
It might be possible to get international athletes NIL rights by the 2022-23 school year, Grode predicted. But the timeline depends on which avenue the government takes.
“It comes down to, ultimately, a matter of fairness,” Grode said. “Why should foreign students be treated differently?”
NOCAP and Your Athletic Department
NOCAP Sports works alongside university athletic departments as an embedded commercial operating partner, helping build recurring revenue through alumni business networks, enterprise partnerships, and university purchasing. NOCAP is also a vocal advocate for athlete rights, having led the first formal public campaign for international athlete NIL rights, and it helps schools create new revenue that supports the athletes who drive college sports. Contact us to learn more.
Frequently Asked Questions
Why do international NCAA athletes face restrictions on NIL earnings?
According to attorney Jonathan Grode, most NIL activities fall outside the highly restrictive employment rules for F-1 visas. International athletes could therefore violate their visa status by participating, even when NCAA rules permit the activities.
Who launched the international athlete NIL rights campaign?
A group led by Casey Floyd, chief compliance officer of NOCAP Sports, launched the campaign. Its petition lists three law groups and 20 coaches’ associations, and an accompanying video features international Power 5 athletes.
What does the international NIL rights petition seek to change?
The petition makes three recommendations to Congress and U.S. Citizenship and Immigration Services. It highlights barriers to international student-athletes operating brands or businesses and accepting NIL deals from businesses in their home countries while physically in the United States.
How could NIL opportunities affect an international athlete’s income?
IUPUI tennis player Alex Jochim told Front Office Sports he could earn $40–50 an hour giving tennis lessons, compared with $13 an hour at his on-campus job. However, the article reports that engaging in NIL activities could jeopardize his visa status.
Had the government resolved international athlete NIL restrictions when the article was reported?
No resolution was reported. An ICE spokesperson said the Student and Exchange Visitor Program continued to assess NIL compensation for F and M international student-athletes and was working with other agencies to determine whether regulatory guidance was required.
