Effective July 1, 2021, the National Collegiate Athletic Association (NCAA) adopted the Interim Name, Image and Likeness (NIL) policy allowing NCAA student-athletes the opportunity to benefit from their NIL. The NCAA provided clarifying guidance in May. In short, athletes can engage in NIL activities that are consistent with the law of the state where the school is located. College athletes who attend a school in a state without an NIL law can engage in NIL activity without violating NCAA rules.

The federal agencies that regulate foreign student activities have not yet issued guidance on whether, and to what extent, the 20,000 foreign college students on F-1 visas may benefit from their NIL. In this paper we:

  • Summarize where things stand today.
  • Highlight near-term options that warrant consideration.
  • Recommend options for how the university may move forward.

Read BAL’s full report on the NCAA’s NIL rules here.