As the wheels of the court system slowly turned and states with big universities began legalizing Name, Image, and Likeness (NIL) opportunities for collegiate athletes, players at schools big and small rejoiced. Superstars at Power Four schools could begin looking for pro-level paydays, while lesser-known players could advertise their local coffee shop. All this excitement left one small group behind, the 4% of NCAA athletes who are not American. 

Australian LSU Basketball guard Last-Tear Poa sued U.S. Citizenship and Immigration Services (USCIS) on Oct. 24, 2024, over her being denied a P-1 Athlete's Visa instead of her current F-1 student visa. 

The current immigration laws of the U.S. don't allow those on F-1 Visas to be paid, except for on-campus employment at under 20 hours a week. However, commercial NIL deals are out of necessity, off-campus, and can't be directly connected to the university.

"F-1 Visas are the overwhelming majority of international students. It requires a full course of study and places heavy restrictions on them," explains Colin Cloherety, a U.S. Attorney's Office lawyer, Attorney at Wiley Law, and former Jaguars tight end.

F-1 Visas are for all international students, meaning that student-athletes visa status doesn't hinge on their sporting ability. In contrast, the P-1 Visa is specifically for athletes and performers, which grants them the ability to attend and be compensated for a specific event. The key to the P-1 Visa is it allows athletes to work and make money while in the United States in a way that F-1 Visas severely restrict.

An alternate path would be the O-1 Visa, which is for extraordinary athletic ability and is much more difficult to acquire than a P-1.

Cashing in on NIL deals under these restrictions is more viable for some international student-athletes than others due to distance, cost, and schedule. If a Canadian player in the northeast returns to Toronto for the weekend, they can perform the NIL services asked of them and be compensated for work outside the United States. The logistics to get back to Australia, like for Poa, or to a country like South Sudan, for Colorado Forward Nyamer Diew, is much different. 

"You would have to plan your whole year around it, around NIL work done at home, that is then posted later," said Cloherty. 

Both houses of Congress have introduced bills that would modify F-1 visas to allow international student-athletes to participate in the NIL marketplace. The bill represents the rare bipartisanship that sports and college sports can generate.

The equation for visa status again gets complicated by the National Labor Relations Board and by the Johnson vs. NCAA ruling, which paves the way for defining student-athletes as university employees. As employees, they would far surpass the weekly 20-hour limit on F-1 students. 

How does the immigration system cope with F-1 students working as employees for longer hours than those on P-1, O-1, or other long-term working visas?

These questions aren't going away anytime soon. International recruiting only grew in importance during the NIL era, as greater transfer velocity means freshmen must be ready sooner. Last-Tear Poa is part of a lineage of Aussie talent in Louisiana that's unlikely to stop soon.

"Brad Wing, and then Ben Simmons, LSU has a strong connection to Australia," said Chris Dodson, a scout and reporter from Louisiana.

Dodson believes that LSU's administration is behind Poa, who has averaged 14 minutes per game in her first four appearances this season. An athlete of her quality, with a unique story as a former junior college player turned Division I national champion, would still be in demand if the opportunity existed. 

"There would definitely be a demand for her," said Chris Dodson. "She probably couldn't make Cam Carter or Angel Reese star money, but more than half of that is possible in Baton Rouge."

Whether that's a cookie-cutter deal with a major shoe brand, an airline using her likeness to advertise certain routes, or a simple advert for a local restaurant, it's all off the table at a critical time in the athlete's life. 

Posi Oshinowo is an employment and litigation attorney at Wiley Law and a former NCAA athlete who consults with athletes and businesses on NIL issues.

"You're missing out on opportunities available to your peers, and that's a problem," said Oshinowo.

Until the NCAA releases new guidelines or the government legislates the organization into a corner, international student-athletes will be left guessing, risking, and missing out on an NIL Boom. 

"One of the first things this enforcement authority's declaratory rulings will be on these international players and their NIL deals, "said Cloherty. "Hopefully, the NCAA is giving more concrete guidance on what's going to run afoul of their by-laws and create certainty around active and passive income." 

The solution isn't far off, though, as both houses of Congress have started work on this issue and will need a unifying win. Simultaneously, there are precedents and systems within Immigration that could allow elite athletes to earn their NIL money. The NCAA, The Judicial Branch, or the Legislative Branch knows that something has to change, or international student-athletes will remain on the sidelines of a billion-dollar industry.