• Loading stock data...
Tuesday, December 23, 2025

House v. NCAA Settlement Creates Potential Crisis for International Athletes

International athletes on student visas may be in violation of U.S. immigration laws if they accept revenue-sharing payments this July.

Dec 31, 2024; Durham, North Carolina, USA; Virginia Tech Hokies forward Tobi Lawal (1) and Duke Blue Devils center Khaman Maluach (9) battle for the opening tip during the first half at Cameron Indoor Stadium.
Rob Kinnan-Imagn Images
Rob Manfred
Exclusive

MLB Teams Fear League Will Pick Winners and Losers in Tech

One company under consideration was founded by a top MLB exec’s uncle.
Read Now
December 23, 2025 |

If approved in April, the House v. NCAA settlement will allow a system of revenue-sharing between Division I schools and athletes for the first time in college sports history. But one group of athletes might have difficulty getting paid.

International athletes on student visas may be in violation of U.S. immigration laws if they accept revenue-sharing payments this July, multiple immigration attorneys tell Front Office Sports. It’s a concern that could impact tens of thousands of international NCAA athletes, most of whom generally use student visas.

If they violate their visa status and their visas are revoked, the consequences could go much further than lost NIL (name, image, and likeness) earnings. Athletes are at risk of losing the opportunity to study in the U.S., as they’re required to either change status or leave the country within 30 days. After that, they could be deported—or even be hit with a reentry ban if they stay longer than six months.

“There’s one thing that nobody’s talking about enough when it comes to international kids’ NIL: [the] House [settlement],” says Green and Spiegel immigration attorney Ksenia Maiorova.

Experts have not reached a consensus on the best way to approach the issue just months before the House settlement could be implemented—and during a presidential administration that Maiorova calls “very enforcement-minded.” 


International students usually come to the U.S. to study on “F class,” or student visas, which have strict rules barring almost all kinds of work while they’re in the U.S. with just a few exceptions. Athletes are allowed to receive “passive” income, or do a limited amount of work that is directly related to the degrees they’re pursuing. But the prevailing sentiment from legal experts who spoke to FOS is that international athletes could violate their visa if they participate in NIL deals—a conundrum about 25,000 international NCAA players across all three divisions have faced since 2021. 

In the past, international athletes have dealt with the NIL immigration issue a few different ways. They could simply refuse if they didn’t want to risk losing their visas, or experiment with workarounds if they were willing to take a risk: Former Kentucky basketball player Oscar Tshiebwe, for example, participated in several NIL deals while at a men’s basketball tournament off U.S. soil, in the Bahamas, and Northwestern State basketball player Hansel Emmanuel, who went viral for playing with only one arm, was able to qualify for an “O class” visa, which is awarded to immigrants with “exceptional abilities” and allows for NIL deals.

Kentucky fans hold up the Oscar Tshibwe rebound board. Nov. 29, 2022 Kentuckybellarmine 24
Scott Utterback-Imagn Images

But the House v. NCAA settlement would have schools dole out payments to their entire athletic department—so it’s virtually unavoidable for any athlete. The payments could violate the worker regulations of student visa laws whether they’re considered NIL agreements or the manifestation of an employee-employer relationship, the attorneys agreed.

Schools face a new challenge, too: Schools paying international athletes could face their own run-ins with the U.S. Immigration and Customs Enforcement, given that it’s illegal to pay workers who are unauthorized to work in the United States.

Players aware of the issue are enlisting lawyers to help them apply for different types of visas, or at the very least receive advice about whether they’re in danger of losing their visas if they take the House payments. Aaron Blumberg, a partner at Fragomen law firm, says they seem somewhat more knowledgeable about the visa landscape—and how it relates to NIL—than they did just a few years ago.

Blumberg says high-profile D-I clients he works with appear aware of the issue. But some school administrators are wholly unaware that the problem exists at all, let alone what their plans are to protect their athletes—or themselves, Maiorova says.


While the NCAA has taken the public position that athletes should be able to benefit, it has neither control over the situation nor guidance on how schools should approach the House settlement.

The Department of Homeland Security could release guidance allowing them to do so—or saying they wouldn’t enforce revenue-sharing as a visa violation. Congress could also pass a law saying as much.

But to date, DHS has not issued any guidance. And Congress never succeeded in passing existing legislation on the subject—despite outside advocacy efforts. None of the experts FOS spoke with believe that guidance is imminent—or that athletes should bank on it. A Student and Exchange Visitor Program spokesperson said, “Currently, international student athletes cannot profit from their NIL deals. Any changes to visa restrictions will be communicated through legislative and department channels and SEVP will provide updates through Study in the States, social media, and field representatives.”

Immigration attorney Sherrod Seward, as well as Maiorova, don’t see a workaround for House v. NCAA payments beyond athletes getting on different types of visas. “We can call it whatever we want to,” Maiorova says. “We can play games of semantics. But at the end of the day … direct payments are the manifestation of our collective recognition that this is pay-for-play. And if it’s pay-for-play, then it’s services—it’s labor.”

An Ohio State Buckeyes helmet sits on the sideline prior to the NCAA football game against the Indiana Hoosiers at Ohio Stadium in Columbus on Saturday, Nov. 23, 2024.
Adam Cairns-Imagn Images

They aren’t enthusiastic about alternate interpretations or workarounds, especially since the Trump Administration has directed immigration authorities to crack down on potential compliance violations. “I advise the players,” Seward says, “not to cash the [House] check.”

Blumberg, on the other hand, is prepared to argue on behalf of clients that House payment deals could be classified as “passive” income, like participating in group licensing agreements for schools to sell apparel or other products, rather than payment for labor. Blumberg says he is advising many clients to bank on this interpretation, as long as they ensure that players don’t do any additional NIL “activities” (like autograph sessions or posing for photo shoots). 

But he says that players and schools have to do their own personal risk analysis. Some, who could be in line for major paydays, may find it worth it to risk the wrath of ICE—especially if they don’t intend to stay in the U.S. permanently. Others, who may not earn much in NIL or who may be up for a green card, could act more conservatively. 

“As long as [schools and athletes] understand the risks and the fact that the risks are a little greater now than they were maybe six months ago, I think it’s a very valid decision,” Blumberg says.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Rob Manfred
exclusive

MLB Teams Fear League Will Pick Winners and Losers in Tech

One company under consideration was founded by a top MLB exec’s uncle.
Nov 29, 2025; Stanford, California, USA; Notre Dame Fighting Irish quarterback Kenny Minchey (8) runs with the football during the fourth quarter against the Stanford Cardinal at Stanford Stadium.

Notre Dame’s Future Even Cloudier After Cancelling USC Series

The historic rivalry game won’t be played in 2026 or 2027.

What It Takes to Pull Off Florida’s First Outdoor NHL Game

Rangers-Panthers will be the NHL’s first-ever outdoor game in Florida.
Dec 6, 2025; Atlanta, GA, USA; Georgia defensive back Jacorey Thomas (20) makes a tackle on Alabama wide receiver Germie Bernard (5) at Mercedes-Benz Stadium.

The Year Schools Paid Their Players

Players earned millions more than ever before.

Featured Today

How Pickleball Became One Massive Private-Equity Rollup

Pickleball roads lead back to billionaire Tom Dundon.
Dec 9, 2025; Toronto, Ontario, CAN; New York Knicks guard Jalen Brunson (11) dribbles against Toronto Raptors guard Jamal Shead (23) during the first half at the 2025-26 NBA Emirates Cup at Scotiabank Arena
December 13, 2025

The Lucrative NBA Cup Is Here to Stay

The in-season tournament, launched in 2023, is turning into a staple.
The Los Angeles Chargers host executives from UCLA Health on Wednesday, August 7, 2024 at The Bolt in El Segundo, CA.
December 7, 2025

The Multibillion-Dollar Business of Pro Athlete Recovery

What started as ice baths has evolved into a multibillion-dollar industry.
Big League Wiffle Ball
November 29, 2025

Celebrity-Backed Wiffle Ball Has Big-League Aspirations

Big League Wiffle Ball team owners include Kevin Costner and David Adelman.

Darryn Peterson’s Family Is Making Injury Decisions, Self Says

Peterson is the projected top pick in June’s NBA Draft.
December 21, 2025

LSU Coach Lane Kiffin Earns $250K Bonus After Ole Miss’s CFP Win

LSU agreed to pay Kiffin’s performance bonus terms at Ole Miss.
Dec 20, 2025; Eugene, OR, USA; Oregon Ducks head coach Dan Lanning celebrates during the third quarter against the James Madison Dukes at Autzen Stadium.
December 23, 2025

Oregon’s Dan Lanning Criticizes CFP’s Neutral Sites and Scheduling

The Ducks are traveling to the Orange Bowl to play Texas Tech.
Sponsored

The Hidden Tech Behind Every Touchdown

Nearly two-thirds of NFL stadiums already rely on Cisco networks, and the Super Bowl will showcase the full scale of the partnership.
December 21, 2025

CFP First-Round Results Vindicate Committee, Expose Group of 6

The early results raise questions about the selection process and future formats.
December 21, 2025

Kenny Dillingham Is Looking for Arizona State’s Phil Knight

Dillingham says ASU needs a super booster.
Sep 20, 2025; Oxford, Mississippi, USA; Tulane Green Wave head coach Jon Sumrall looks on during the second quarter against the Mississippi Rebels at Vaught-Hemingway Stadium.
December 19, 2025

Tulane’s Jon Sumrall Juggling Act Heading Into College Football Playoff

Tulane AD David Harris spoke to FOS about the coaching shake-up.
Brad Underwood
December 19, 2025

College Basketball Teams Are Plucking Pros From Abroad Midseason

Illinois signed a Croatian forward earlier this week.