Avoiding Immigration Pitfalls in NIL Deals: Revenue Sharing Agreements and International Student-Athletes

This session explores the evolution from pre-House NIL agreements with third-party collectives to the new direct payment model enabled by the House v. NCAA settlement. Participants will learn how the legal pathway from O’Bannon to Alston to House fundamentally changed institutional compensation for student-athletes.

This session examines the broad regulatory definition of employment under 8 CFR 274a.1(h), which encompasses any service or labor performed for wages or remuneration. Attendees will understand why the employee vs. independent contractor distinction is largely irrelevant under immigration law.

This session covers the limited employment authorization pathways available to F-1 student visa holders, including on-campus employment, Curricular Practical Training (CPT), and Optional Practical Training (OPT). Practitioners will learn the specific requirements and limitations of each authorization type.

This session addresses DHS regulations imposing fines on entities securing labor from individuals without work authorization. Participants will examine how revenue sharing agreements could trigger enforcement actions and the limitations of contractual compliance disclaimers.

This session explains how USCIS, Department of State, CBP, and ICE interact in the immigration enforcement ecosystem. Special attention is given to the DSO’s role as a mandatory reporter and the communication between enforcement agencies.

This session examines the consular interview process, including officer training limitations and the broad discretionary authority under Section 214(b). Attendees will understand consular non-reviewability and the impact of administrative processing under 221(g).

This session analyzes common provisions in institutional revenue sharing agreements and evaluates the legal viability of characterizing payments as royalties. Participants will examine why agreement substance—talent acquisition tied to athletic performance—undermines the royalty classification theory.

This session identifies institutional liability exposure including potential loss of student visa privileges and DHS enforcement actions. Best practices include engaging all stakeholders simultaneously and ensuring athletic departments communicate transparently with International Student Offices.

This session provides practical guidance for preparing student-athletes for visa interviews, including developing compelling narratives and demonstrating home country ties. Attendees will learn recovery strategies when interviews go poorly and the importance of documenting denial reasons.

This session explores alternative visa categories that may provide work authorization for student-athletes, including P-1 for internationally recognized athletes and O-1 for extraordinary ability. The EB-1A green card pathway and strategies for narrowly defining fields of endeavor are also covered.

This session examines the ongoing federal litigation in the Middle District of Louisiana challenging USCIS’s shadow policy that P-1As are unavailable to student athletes. Key arguments regarding statutory interpretation of ‘solely’ and regulatory definitions of ‘events’ are analyzed.

This session discusses pathways for institutional advocacy including legislative, regulatory, and policy changes that could address NIL immigration issues. A realistic assessment of current administration priorities and the risks of regulatory attention concludes the program.