• Loading stock data...
Wednesday, October 8, 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
Exclusive

Bud Selig: ‘Remarkable’ Brewers Run Can’t Mask MLB’s Money Divide

The former commissioner lauds his hometown team while raising economic concerns.
Read Now
October 8, 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

exclusive

Bud Selig: ‘Remarkable’ Brewers Run Can’t Mask MLB’s Money Divide

The former commissioner lauds his hometown team while raising economic concerns.

MLB’s Rare October Day: Four Playoff Games, Four Possible Clinchers

Four separate clinching opportunities are available during the day.
Maverick Carter, LeBron James
exclusive

New International Basketball League Plans Launch, Without Maverick Carter

The venture plans to launch men’s and women’s leagues next fall.

Featured Today

Paul Cartier

Sports Organists Are Still Thriving in the Era of Raucous Arena Music

“When they walk out and they see a real organ guy, it’s like, ‘Wow.’”
Sep 27, 2025; Milwaukee, Wisconsin, USA; Milwaukee Brewers center fielder Jackson Chourio (11) rounds the bases after hitting a home run during the sixth inning against the Cincinnati Reds at American Family Field.
October 4, 2025

Milwaukee Moneyball: Brewers Are Beating MLB’s Deeper Pockets

Milwaukee is holding its own against big-budget competitors.
Kōloa Rum Company Rum Rusher
September 27, 2025

Panthers Bubbly, Jets Wine, Manning Whiskey: The Sports Booze Boom

A sommelier dives into the sports booze trend—and tries Jets wine.
Nov 17, 2024; Pittsburgh, Pennsylvania, USA; Pittsburgh Steelers fans wave Terrible Towels against the Baltimore Ravens during the fourth quarter at Acrisure Stadium
September 26, 2025

Steelers’ Irish Roots Are Deeper Than NFL Dublin Game

The Steelers have history and the foundation for a future in Ireland.
Oct 4, 2025; Lincoln, Nebraska, USA; Nebraska Cornhuskers defensive back DeShon Singleton (8) celebrates after making an interception during the game against Michigan State at Memorial Stadium.
exclusive

Big Ten Considering Investment From California Pension Fund

In the proposed deal, the Big Ten would spin off assets into a new entity.
October 7, 2025

NIL Hits Week 1: Auburn’s Atlanta Game Marks Next Step in Player..

The teams will play in the 2026 Aflac Kickoff Game.
Sep 20, 2025; Lincoln, Nebraska, USA; Nebraska Cornhuskers head coach Matt Rhule walks onto the field before the game against the Michigan Wolverines at Memorial Stadium.
October 7, 2025

Big Ten Teams Grapple With Long Flights, Time-Zone Hurdles

Coaches across the country are noticing some impact.
Sponsored

How Jenny Just Is Shaping the Future of Sports Ownership

Jenny Just on bringing her investment experience to sports ownership.
Oct 4, 2025; Pasadena, California, USA; UCLA Bruins quarterback Nico Iamaleava (9) passes the ball during the fourth quarter against the Penn State Nittany Lions at Rose Bowl.
October 6, 2025

The Improbability of UCLA’s Incredible Upset Win Against Penn State

Before UCLA beat Penn State, donors were deeply unhappy.
Sep 27, 2025; University Park, Pennsylvania, USA; Penn State Nittany Lions head coach James Franklin reacts during the fourth quarter against the Oregon Ducks at Beaver Stadium.
October 6, 2025

Penn State Has a $50 Million James Franklin Problem

Franklin’s team lost to unranked UCLA on Saturday despite being heavy favorites.
October 5, 2025

CFB’s New Parity Era: Penn State, Texas Top-25 Exits Signal Shift

Penn State and Texas fall entirely out of the top-25 rankings.
Cody Campbell
October 4, 2025

Fox, ABC Reject Ad Accusing Power Conference Commissioners of Greed

Cody Campbell said the ads were pulled after he paid for them.