Name Image Likeness (NIL)

What is Name Image Likeness (NIL)?

Right of Publicity

U.S. Legal Concept

Prohibits your “persona” or “celebrity” from being used by others, in a commercial manner (promote a product or services), without your consent.

Legal Right for U.S. Citizens and non-citizens with work authorization may freely exploit their “persona” or “celebrity” for commercial purposes.

Example: Someone takes a photo of you wearing a clothing brand, and that brand uses the photo to promote their products without your consent. The brand is in violation of your right of publicity.

Other examples:

Sponsored social media posts or advertisements
Sponsored videos on YouTube, Instagram, or TikTok
Training lessons and summer camps
Autographs, appearances, and merchandise sales

So how does NIL concern F-1 students?

On June 21, 2021, The Student and Exchange Visitor Program (SEVP) announced that they are aware of and actively monitoring proposed federal and state legislation about the use of name, image, and likeness for student athletes, including F and M nonimmigrant students. The program is working with its partners within the U.S. Department of Homeland Security to review how this legislation affects international student athletes and will provide updated guidance via Broadcast Messages, Study in the States, social media, and SEVP field representatives.

What does this mean?

Unfortunately, international student-athletes in F-1 status are generally not allowed to receive compensation through NIL (Name, Image, and Likeness) deals without risking serious immigration consequences.

The F-1 visa is meant for students to come to the U.S. mainly for education, and it only allows limited types of work and income. Because of these restrictions, F-1 student-athletes may not be able to take part in paid NIL opportunities while maintaining their legal status.

If you are an F-1 student-athlete and are thinking about doing any kind of work or service in exchange for money, it is very important to speak with a qualified immigration attorney first. They can help you understand the risks and what is or isn’t allowed under immigration law.

NIL compensation while in the U.S. would violate F-1 regulations. All NIL opportunities conducted while in the United States by students holding an F-1 visa would violate U.S. immigration law due to a work authorization violation. The International Student Services office is required by law to act on submitted evidence from reports of student violations and, once confirmed, report to the Department of Homeland Security through the termination of the student’s record.

In addition...

Frequently Asked Questions

What happens when an F-1 student violates their status by working (generating active income) without authorization?

ISS is required by law to act on submitted evidence from reports of students F-1 violations. If ISS confirms the violation through submitted evidence we are required by law to report the violation to DHS through termination of the student’s SEVIS record.

Is an F-1 international student athlete eligible to receive compensation under the new NIL legislation?

US student visa regulations may prevent NIL compensation for international students while in the US and there may also be tax implications. Therefore, international student-athletes must not enter into any NIL agreements without the guidance to guard against any potential immigration issues. NIL opportunities conducted while in the United States in F-1 immigration status would potentially, and likely, violate US immigration law.

Is an F-1 international student-athlete able to engage in an NIL activity for compensation during breaks (i.e., winter break, spring break, summer break) while in their home country, including social media endorsements for US companies, products, or services?

Yes, when an international student-athlete is in their home country they may receive compensation for services from a US company. US employment and tax laws are based on the physical location of the individual.

Is an F-1 international student-athlete able to engage in an NIL activity for compensation during breaks (i.e., winter break, spring break, summer break) while in their home country, which involves endorsements for companies, products or services not located within the US?

Yes, when an international student-athlete is in their home country they may receive compensation for services from a foreign country.

Is an F-1 international student-athlete with their own business based in their home country (or any country outside of the United States) able to conduct business for that company or engage in NIL activities for that company while in the US on an F-1 visa?

No, the international student-athlete would need to cease all services for that business once in the US on an F-1 visa.

Is an F-1 international student-athlete able to conduct business for a company or engage in NIL activities for a company while in the US on an F-1 visa, if the funds will be directly deposited to the student’s foreign account?

No, even if the funds will be directly deposited to the student’s foreign account, the international student-athlete cannot engage in services for a business or company while in the US on an F-1 visa, without proper authorization.

Is an F-1 international student-athlete eligible to apply for CPT or OPT work authorization to engage in NIL activities?

It depends. The NIL activity must be able to qualify for Curricular Practical Training (CPT) or Optional Practical Training (OPT) post-graduation. An NIL activity will rarely qualify for either of these authorizations.

Disclaimer: The ISS staff will provide regulatory and practice information related to F and J status, as it stands at the time of the consultation. Regulatory content is designed for SEU students and is not intended to constitute legal advice and is not a substitute for legal counsel.

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