As of July 1, 2021, NCAA legislation allows university athletes to receive Name, Image, & Likeness (NIL) compensation. While this is a great opportunity for athletes, the U.S. Student and Exchange Visitor Program (SEVP) has not yet provided direct guidance regarding F-1 international students and NIL activities. Therefore, what we can advise at this time is “best practice” guidance.
Frequently Asked Questions
US student visa regulations may prevent NIL compensation for international students while in the US and there may also be tax implications. Therefore, international student-athletes must not enter into any NIL agreements without the guidance from the University of Florida International Students Services office to guard against any potential immigration issues. International students enrolled at UF holding an F-1 visa may not be employed by an entity outside of UF without specific authorization on their I-20 by their F-1 Advisor or from USCIS via an employment authorization document. Unfortunately, it is rare that an NIL activity will qualify for authorization. As a result, all NIL opportunities conducted while in the United States in F-1 immigration status would potentially, and likely, violate US immigration law. Student-athletes, prospective student-athletes, or school officials who have questions may write to the U.S. Student and Exchange Visitor Program at SEVP@ice.dhs.gov.
Yes, when an international student-athlete is in their home country they may receive compensation for services from a US company. US employment and tax laws are based on the physical location of the individual.
International student-athletes should confirm with the UFIC that they are outside of the US to properly document their physical location while conducting NIL activities. Provide your I-94 with Travel History, flight itinerary, and port of entry stamp showing abroad.
Yes, when an international student-athlete is in their home country they may receive compensation for services from a foreign country.
International student-athletes should confirm with the UFIC that they are outside of the US to properly document their physical location while conducting NIL activities. Provide your I-94 with Travel History, flight itinerary, and port of entry stamp showing abroad.
No, the international student-athlete would need to cease all services for that business once in the US on an F-1 visa.
Yes, UAA policy requests that all student-athletes report all NIL activities to UAA Athletics Compliance. The form can be accessed in the Teamworks app.
No, even if the funds will be directly deposited to the student’s foreign account, the international student-athlete cannot engage in services for a business or company while in the US on an F-1 visa, without proper authorization.
It depends. The NIL activity must be able to qualify for Curricular Practical Training (CPT) or Standard Optional Practical Training (OPT) in order for the student to be able to apply for CPT or OPT. Review the information provided at the links. Unfortunately, it is rare that an NIL activity will qualify for authorization. As a result, all NIL opportunities conducted while in the United States in F-1 immigration status would potentially, and likely, violate US immigration law. F-1 international student-athletes must not enter into any NIL agreements without the guidance from the University of Florida International Students Services office to guard against any potential immigration issues.