The introduction of NIL rules (Name, Image, and Likeness) in 2021 fundamentally transformed US college sports. Since then, student-athletes have been permitted to earn income from their own name, image, and reputation. For some American athletes, this generates a few thousand dollars, while top prospects earn hundreds of thousands per year. For international student-athletes from Europe, however, entirely different regulations apply. They reside in the United States on an F-1 student visa, which imposes strict limitations regarding income and commercial activities. Failing to comply with these rules carries the risk of visa revocation, which means having to leave the United States immediately.
The boundary between NIL and US visa regulations
Although NIL grants students the opportunity to earn money from their name, image, and likeness, international student-athletes face different regulations than American citizens. The primary reason for this distinction is the F-1 student visa.
An F-1 visa is granted specifically for studying in the United States. Employment is only permitted under specific circumstances that fit within federal visa guidelines. (Want to learn more about what is permitted as an international student? Read our article on working while studying in the US).
US immigration authorities classify many active NIL activities as employment conducted on US soil. It makes no difference whether compensation is provided in cash, free merchandise, apparel, supplements, or gift cards. As soon as you actively render a service to a brand or company, it can be categorized as unauthorized labor.
Examples of prohibited activities include:
- Publishing a sponsored post or video on Instagram, TikTok, or YouTube.
- Promoting branded apparel or products on social media at a sponsor’s request.
- Conducting a paid sports clinic, workshop, or autograph signing.
- Participating in an advertising campaign or promotional video for a business or brand.
Engaging in these activities while physically located in the United States can jeopardize your F-1 visa. It is therefore critical to verify in advance whether a potential partnership complies with F-1 visa regulations.
A VPN does not alter visa regulations
A common misconception circulates among international student-athletes: “If I promote a European brand, use a VPN, and receive payment into my European bank account, everything is compliant.”
This is incorrect.
Under US immigration regulations, the location of the company or bank account is irrelevant; only your physical location at the moment you perform the work matters. If you publish a sponsored post or conduct promotional work from your dorm room, campus, or any location within the United States, those actions are considered employment performed on US soil. Whether the client is based in Europe or payment is deposited into a European account makes no difference legally.
If you are uncertain whether a NIL partnership is permitted, do not rely on advice from fellow athletes or social media posts. Always discuss any potential deal with your university’s Compliance Officer and the Designated School Official (DSO) at the International Office first. This prevents an apparently harmless sponsorship from affecting your F-1 visa.
How can international student-athletes legally earn income?
Holding an F-1 visa does not mean you are completely barred from earning NIL income. Legal opportunities exist, provided they strictly comply with US immigration laws. In practice, there are two primary scenarios where international student-athletes can legally receive income:
1. Performing commercial activities outside the United States
The restrictions of an F-1 visa apply exclusively while you are physically located within the United States. When you return home to Europe during summer break, winter holidays, or official academic recesses, you are permitted to perform commercial work there.
Examples include participating in photo shoots, filming promotional videos, or creating sponsored content for a brand. It is essential that both the labor and the publication take place 100% outside the physical borders of the United States.
2. Receiving passive income (Royalties)
A critical legal distinction exists between active labor and passive income. Earning passive income, such as royalties from a licensing agreement, is permitted on an F-1 visa.
An example is when a university or commercial entity uses your name, photograph, or signature on official merchandise (such as jerseys or video games). As long as you perform no active promotional work in exchange and simply grant permission for the use of your likeness, you can collect passive royalty payments without performing unauthorized labor in the US.
Revenue sharing: what it means for international student-athletes
Following the historic House v. NCAA settlement, universities are permitted to share a portion of their athletic revenue directly with student-athletes. This represents another major shift in American college athletics.
For international student-athletes, the primary question is how these payments align with F-1 visa regulations. Universities structure these distributions as passive NIL licensing agreements, where an athlete grants permission for the institution to feature their name or image on event tickets or websites without requiring active promotional duties in return.
While the NCAA receives the most media attention regarding NIL and revenue sharing, athletic associations such as the NAIA and NJCAA (JUCO) also maintain flexible NIL regulations for their student-athletes. However, the same rule applies across all associations: federal US visa immigration laws always take precedence.
Because revenue sharing regulations for international athletes are continually evolving, approaches vary by institution. Always seek clear guidance regarding the specific conditions that apply at your university.
How Made Scholarships assists you
Regulations regarding NIL, F-1 visas, and the NCAA change frequently, making it challenging to determine what is permitted.
Throughout our guidance process, we help you navigate and understand these rules. If you receive a sponsorship proposal or have questions about a potential NIL deal, we evaluate the situation with you and identify safe next steps. When necessary, we refer you directly to the appropriate university authorities, such as the Compliance Office or the International Office DSO.
This allows you to focus on your academic and athletic career without taking unnecessary risks with your visa status.
Questions about studying and competing in the US?
Want to understand how athletic scholarships, visa regulations, and admissions standards apply to your sport? Contact the team at Made Scholarships for a consultation.