Collegiate student-athletes, once barred from tapping into a billion-dollar market, now have the potential to earn millions from their popularity. NCAA v. Alston ushered in a monumental shift in college athletics that led to these athletes’ ability to profit from their name, image, and likeness (“NIL”)—provided they hold United States citizenship. International collegiate student-athletes face starkly different prospects than their domestic teammates; their attempts to capitalize on their fame can result in the loss of their U.S. education and residency. American immigration laws, designed to ensure international students prioritize their studies, restrict many from working in the country.
This employment restriction stands in stark contrast to the goals these immigration laws aim to advance and is plainly untenable as it directly impedes activities that now motivate student-athletes to participate in college sports. Historically, immigration laws have adapted to reflect changing conditions in the country. The fundamental change in the major market of college athletics is another development that warrants legal adjustments.
This Note delves into U.S. immigration laws, elucidating their underlying policies, and examines the impact of NIL’s implementation on the college athletics landscape. Ultimately, it advocates modifying immigration laws to facilitate international student-athletes’ access to NIL opportunities, aligning with the transformed college athletics landscape. By rectifying this present disparity, this modification levels the playing field by affording international student-athletes opportunities for financial and educational empowerment, like those available to their domestic teammates.
* J.D. Candidate, 2024, University of Illinois College of Law; B.S. 2018, University of Illinois at Urbana-Champaign. Thank you to the University of Illinois Law Review members whose diligent effort and meaningful support made this publication possible; and to the Illinois Football coaches, staff, and players, whose impact on my professional journey is indelible.
The full text of this Note is available to download as a PDF.