Friday, May 29, 2026

The Campaign to Fix a Glaring Problem With NIL

  • Student visas don’t allow college athletes to earn NIL income — a problem that affects 20,000 athletes in the NCAA alone.
  • Sports immigration attorney Sherrod Seward is petitioning for college athletes to get on visas that pro athletes use.
NCAA Championship Trophy
Kirby Lee-USA TODAY Sports

More than 20,000 international NCAA athletes are being locked out of the billion-dollar name, image, and likeness industry due to restrictive U.S. visa laws — brands can’t sign them, and NIL collectives can’t offer them the same deals as American citizens.

Advocates have attempted to lobby lawmakers and U.S. Citizenship and Immigration Services to amend existing visa restrictions — but that process could take years.

Meanwhile, some athletes and companies have exploited loopholes, such as signing deals while playing in overseas tournaments, though this route is complicated and sometimes legally precarious.

Sports immigration attorney Sherrod Seward is taking a different approach: He’s attempting to get college athletes qualified for visas that professional athletes already use. 

“You really don’t have to [wait for reform],” Seward told Front Office Sports. “There are certain visa categories that work already.”

He’s enlisted one Power 5 football player and one tennis player. If USCIS accepts one of these applications, it could set a new precedent that most — if not all — international athletes could benefit from.

“It’s important for international athletes to get the same opportunity as American players — because it should be equal opportunity,” the father of the football player told Front Office Sports. The identities of the families and athletes are anonymous due to the sensitive nature of the matter.

Two Viable Options

Most NCAA athletes are on F-class visas — student visas with strict rules prohibiting them from earning multiple types of income while on U.S. soil. But Seward believes athletes can get on P-1 or O-1 visas, which would allow for NIL activities. 

P-1 visas are offered to skilled athletes who have previously played at a high level in a U.S. league — and participate in international competitions. 

“If there’s any sport in college that could support a P-1 itinerary by itself, it’s college football,” Seward said.

Given that there’s a previous playing requirement, however, this visa would likely work best for transfers.

On the other hand, O-1 visas are reserved for people of “extraordinary ability” whether in sports or other industries, per USCIS, and are coming to the U.S. to work.

Seward explained that this class could cover athletes who play individual sports like tennis, particularly given that these leagues may not be “prestigious” enough of a league compared with the pros.

In fact, one athlete has already secured an O-1 visa: Northwestern State (La.) basketball player Hansel Emmanuel, a coveted Division I recruit who got famous on social media for playing competitive basketball despite only having one arm. 

Emmanuel is already benefiting from his visa status — he’s signed with an agency and has high-profile endorsements, including a cameo in a Gatorade ad. 

Next Steps

Seward is in the end-stages of filing these petitions to USCIS on behalf of the athletes.

But before he can do that, schools must agree to accept these types of visas. Seward has created a survey that he plans to send to hundreds of NCAA schools to gauge their understanding of the visa landscape — and hopefully educate them on his method.

If USCIS grants either claim, it could open a new pathway where athletes could work within the existing system to get NIL-friendly visas, rather than waiting for reforms to F-class restrictions. 

If it rejects a claim, however, Seward could file litigation to get clarification — which he’s done before for professional athletes — and receive an answer within a few months on whether college athletes could use these visas.

“We’ve got to push to get our answers ourselves,” the football player’s father said. “If we wait for schools or [NIL] collectives or Homeland Security to give us answers, we know that’s never going to happen.”

This field is for validation purposes and should be left unchanged.

Sign up for
The Memo Newsletter

Get the biggest stories and best analysis on the business of sports delivered to your inbox twice every weekday and twice on weekends.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Mar 19, 2025; Sacramento, California, USA; Cleveland Cavaliers forward/center Tristan Thompson (13) responds to a fan during the fourth quarter Sacramento Kings at Golden 1 Center.

Tristan Thompson Sues After Crypto Company Ends His Deal Early

Thompson says the company promised him $2 million worth of tokens.
Nov 28, 2025; Atlanta, Georgia, USA; A general view of the the line of scrimmaged during a game between the Georgia Tech Yellow Jackets and Georgia Bulldogs in the first quarter at Mercedes-Benz Stadium.

At SEC Spring Meetings, a Consensus on Problems, but Not Solutions

Georgia discussed a “breakaway,” where the SEC would set or enforce its own rules.

Big 12 Commish Already Eyeing Next Media Deal, Bigger Payday

The conference’s media deals with Fox and ESPN run through this decade.

Big 12 Coaches Back March Madness Expansion: Bigger Is Better

Next year’s tournament will expand from 68 to 76 teams.

Featured Today

May 23, 2026; Anaheim, California, USA; Fans participate in a tarp off during a MLB game between the Los Angeles Angels and the Texas Rangers at Angel Stadium

‘Tarps Off’: How Shirtless Fans Took Over MLB

The viral movement began with the SFA club baseball team.
Apr 6, 2026; Arlington, Texas, USA; Seattle Mariners catcher Cal Raleigh (29) walks to the on deck circle during the game against the Texas Rangers at Globe Life Field
May 28, 2026

Why Ballparks Are Louder Than Ever

Some stadiums sound like veritable nightclubs. How did we get here?
May 24, 2026; Evanston, IL, USA; Northwestern Wildcats attack Kathryn Ratanaproeksa (13) shoots against the North Carolina Tar Heels during the first half at Martin Stadium
May 26, 2026

Can Women’s Lacrosse Buck the Trend in College Sports?

The sport is fighting to prove its worth in the revenue-sharing era.
May 22, 2026

Big Money on the Line on Premier League’s Final Day

Arsenal has won the title, but millions are still at stake.

Big 12 Coaches Unanimously Back 24-Team CFP Expansion

Every coach voted for a 24-team playoff on Thursday.
Texas Tech's Brendan Sorsby goes through warmups before the spring football game, Friday, April 17, 2026, at Jones AT&T Stadium.
May 27, 2026

NCAA Denial Sends Brendan Sorsby Eligibility Fight to Court

A hearing for Sorsby’s lawsuit is scheduled for June 1.
Ted Cruz
May 27, 2026

Senators Introduce Long-Awaited Bipartisan College Sports Bill

The bill comes one week after the House canceled another vote on the SCORE Act.
Sponsored

The Hidden Economy of Race Weekend

Learn more about the Vintage Flying Museum and how Spectrum Business is helping them achieve their business goals while fueling their dreams.
Florida head coach Jon Sumrall speaks after spring practice at Sanders Practice Fields in Gainesville, FL on Tuesday, April 7, 2026. [Alan Youngblood/Gainesville Sun]
May 26, 2026

No Consensus Among SEC Coaches Over CFP Expansion

“I’m really more worried about the financial burden that we’re under right now.”
Dec 31, 2025; Orlando, FL, USA; Texas Longhorns quarterback Arch Manning (16) runs with the ball against the Michigan Wolverines during the first half at Camping World Stadium.
May 25, 2026

Sankey: No Decision on CFP Expansion Expected This Week

Sankey said the meeting was the most-anticipated of any in recent memory.
May 22, 2026

Southern Schools Silent on Proposed Black Athlete Boycott

The campaign asks Black athletes, fans to boycott several southern athletic departments.
Apr 11, 2026; Las Vegas, Nevada, United States; Wisconsin Badgers defenseman Joe Palodichuk (14) and Denver Pioneers forward Kyle Chyzowski (16) battle for control of the puck during the second period in the championship game of the NCAA men's ice hockey Frozen Four at T-Mobile Arena
May 22, 2026

Hockey Unites to Demand Change to NCAA ‘5-in-5’ Proposal

The sport doesn’t want to be “collateral damage” of the new rule.