No longer shortchanged: A new way for international student-athletes to cash in on their NIL
- Golf NIL
- Oct 7, 2024
- 5 min read
Updated: Mar 7
We’ve been hearing this for a while now: when it comes to Name, Image, and Likeness, international student-athletes (ISAs) are being left behind.
While there are workarounds for ISAs utilizing F-1 visas, those looking to maximize their NIL earnings may fare better following a completely new path—a path that has already proven successful for one Division I golfer.
F-1 Problems
The latest numbers indicate that among the 4,500 NCAA D1 golfers, 26% of men and 37% of women are foreign. They are part of a larger number of more than 25,000 ISAs competing in all three NCAA divisions.
Nearly all come to the U.S. on F-1 visas.
F-1 visas, commonly known as student visas, allow international students to study full-time while temporarily living in the U.S. Because F-1 is primarily designed for study, work options for students are limited.
With NIL in play, these limitations are becoming even more apparent.
Despite some media claims suggesting ISAs can't earn money from their NIL, that's not correct. They can either pursue deals outside the U.S. or explore passive income opportunities.
Taking deals abroad. Since U.S. immigration laws focus on employment within the country, F-1 athletes can avoid this hurdle by engaging in NIL activities outside the country. For example, last year, former Purdue basketball player Zach Edey signed with Daps in his hometown of Toronto during an away game.
Passive income path. This is where an athlete can make money from their name on a jersey without actively promoting it, meaning they don't comment about it in interviews or post about it online. Passive deals are not as widely reported, possibly due to the gray area surrounding this approach.
While these options exist, they are either inconvenient or flirt with an interpretation of the law that could jeopardize a player’s visa status.
The reality is that F-1's restrictions are what's creating challenges for ISAs—not NIL itself. However, changing the guidelines on a visa that serves a much larger population of non-athletes could prove to be an uphill battle.
In the meantime, for ISAs who want more flexibility, it might be worth exploring another visa option. For many, especially high-achieving Division I athletes, a P-1 visa might be the solution.
The Professional Amateur
So, what exactly is a P-1 visa?
The P-1 visa has two classifications, both for non-immigrants or temporary residents. The P-1A is for athletes with international recognition, while the P-1B is for artists or members of entertainment groups with similar recognition.
If an F-1 visa is for study with the limited ability to work, a P-1A visa allows athletes to earn money with the ability to study.
Though the P-1A classification is often used by sports stars such as Wayne Gretzky (Canada) and David Beckham (England), it is not limited to famous names. According to U.S. Citizenship and Immigration Services, the P-1A can be used by anyone who qualifies, not just well-known and top-tier professionals.
Advantages to the P-1A Athlete visa
Opportunity to engage in full-time or part-time study
Ability to earn income from various sources, including on-field winnings (such as prize money) and off-field earnings (such as endorsements and appearance fees)
Option to stay in the U.S. for up to five years with extensions for up to ten years
Not needing to change to a new visa category after graduation (beneficial for those continuing their golf careers in the U.S.)
Unrestricted worldwide travel
A good option if the NCAA and schools allow a pay-for-play model for athletes
While the P-1 visa has been discussed for some time, we still don't know much about the athletes who have tried to get one or those who have been successful—until now.
Our sources confirm that at least a handful of international collegiate athletes, including a D1 golfer, have successfully secured their P-1 status. This means a P-1 visa is no longer mere speculation but a practical alternative to the F-1 visa.
With one golfer already approved, there's now an established precedent to help determine who else in golf could be eligible.
Earlier this year, South African native Kieron van Wyk made history as the first collegiate golfer to be granted a P-1A Athlete visa.
Van Wyk, a senior at the College of Charleston, chose this path because he saw NIL as more than just a way to make money but an opportunity to build his brand.
As a player representing a country where the Apartheid era ended only 30 years ago, van Wyk understands that his brand extends beyond himself as an individual. He sees his actions in golf as something much more significant.
"It means a great deal to me to represent my country and to inspire others who look up to me as a Black male playing the sport,” said van Wyk in an interview with College of Charleston Athletics. “I would like to eradicate the aspect of racism in the sport. It's a step forward in the right direction and a way to help grow the game for upcoming golfers."
ACE Sports and Entertainment
Van Wyk has come a long way since he picked up his first golf club at the age of four.
Two years ago, he became the first Black golfer to win the CAA individual title (a feat he repeated in May) while also leading the Cougars to a CAA team championship. Three months later, van Wyk earned the inaugural Adrian Stills Award as the Black College Golfer of the Year.
Van Wyk's other accolades include:
2022, 2023 CAA Golfer of the Year
2022, 2023, 2024 First Team All-CAA
GolfRSA National Men’s Squad member
World Amateur Golf Rankings: 318th (current), 74th (best)
Van Wyk's agent, Christian Addison with Addison Sports & Entertainment, approached van Wyk with the idea of the P-1 visa, suggesting it could help create more opportunities.
"As an agent, I want to take alternate and innovative approaches to change industries. I think that’s something that Kieron and I really connected on," said Addison. "[P-1] opens doors for international talent to engage with brands and fans in unprecedented ways."
To maximize the best chances of success, Addison chose to work with a top immigration attorney who had a proven track record with P-1A visas.
The biggest risk was the $6,000 financial investment.
When he applied for the new status, Van Wyk was already in the U.S. on an F-1 visa. If his P-1 visa hadn’t been approved, he would have lost the money he spent on the application since there are no refunds for denials. Still, he would have retained his F-1 status.
The process took about three months from start to finish. Van Wyk was granted a five-year visa, allowing him to continue taking advantage of his status after he graduates, which may be helpful if he decides to continue his golf career in the U.S. or pursue Q-School.
Van Wyk’s new visa may also put him ahead of the curve should the NCAA and schools move forward with a model that allows athletes to make money on their performance.
Either way, he is now maximizing the opportunity to build his brand and, more importantly, blazing a trail for other golfers.
P-1 may be the answer everyone has been looking for.
This article was originally published on April 16, 2024, and updated on October 7, 2024. The information shared here is intended as a general discussion of options available to golfers and other athletes. Please consult an attorney or sports agent for guidance based on your circumstances.
