No longer shortchanged: A new way for international student-athletes to cash in on their NIL

by Shon Crewe

April 16, 2024 | Updated Oct. 7, 2024

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 Division I golfers, 26% of men and 37% of women are foreign. These athletes are part of a larger group of more than 25,000 international student-athletes (ISAs) competing across all three NCAA divisions.

Nearly all of these athletes 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. However, because the F-1 is primarily designed for study, work options for students are limited.

With the introduction of NIL rules, these limitations have become even more apparent.

Despite some media claims suggesting ISAs can't earn money from their NIL, that's not entirely correct. They do have options, though each comes with challenges. ISAs can either:

• Pursue deals outside the U.S.

U.S. immigration laws focus on employment within the country. F-1 athletes can avoid this hurdle by engaging in NIL activities outside the U.S. For example, last year, former Purdue basketball player Zach Edey signed with Daps in his hometown of Toronto during an away game.

• Explore passive income opportunities

Athletes may earn money from their name on merchandise, such as jerseys, without actively promoting the product—meaning they don't discuss it in interviews or post about it online. Passive deals are not as widely reported, possibly due to the legal 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

If an F-1 visa is for study with limited work options, the P-1A allows athletes to earn income while studying. Although the P-1A is often associated with sports stars such as Wayne Gretzky or David Beckham, it isn't limited to the famous. According to U.S. Citizenship and Immigration Services, any athlete who meets the qualifications may be eligible, not just top-tier professionals.

Advantages of 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 (prize money) and off-field earnings (endorsements and appearance fees)

• Option to stay in the U.S. for up to five years, with extensions for up to ten years

• No need to change to a new visa category after graduation, which is beneficial for those continuing their athletic careers in the U.S.

• Unrestricted worldwide travel

• A strong option if the NCAA and schools move toward a pay-for-play model for athletes

Despite the P-1 visa being an option for some time, little has been known about which athletes have actually secured one—until now.

Sources confirm that at least a handful of international collegiate athletes, including a Division I golfer, have successfully obtained P-1 status. This means the P-1 visa is no longer just speculation, but a practical alternative to the F-1 for eligible student-athletes.

With one golfer already approved, there is now an established precedent to help determine who else in college golf, or other sports, could be eligible.

History in the Making

Earlier this year, South African native Kieron van Wyk made history as the first collegiate golfer to be granted a P-1A Athlete visa. A senior at the College of Charleston, van Wyk chose this path not just as a way to make money, but as an opportunity to build his brand and expand his impact on and off the course.

Van Wyk’s story is deeply rooted in his background. As a player from a country where the Apartheid era ended only 30 years ago, he recognizes that his brand extends beyond himself. He sees his actions in golf as part of 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 picked up his first golf club at the age of four. Since then, he has consistently broken barriers. 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. He later earned the inaugural Adrian Stills Award as Black College Golfer of the Year, along with other accolades including:

• 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)

Exploring the P-1A visa became a strategic move to open additional doors for van Wyk.

"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 Van Wyk's agent, Christian Addison with Addison Sports & Entertainment. "[P-1] opens doors for international talent to engage with brands and fans in unprecedented ways."

To maximize the chances of approval, Addison partnered with a top immigration attorney with a proven track record on P-1A visas. The process was not without risk: the $6,000 application fee was non-refundable if denied, but van Wyk would have retained his F-1 status.

The application process took about three months. Van Wyk was granted a five-year visa, allowing him to continue taking advantage of his status in the U.S. after he graduates—an advantage if he pursues professional opportunities or Q-School.

Van Wyk’s new visa puts him ahead of the curve should the NCAA and schools move toward a revenue-share model. Either way, he is now maximizing the opportunity to build his brand and, more importantly, blazing a trail for other golfers.

The P-1 visa may be the answer international student-athletes have been looking for.

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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.