About one Division I athlete in fifteen is in the United States on a visa, and for them the agent question has a different first step: before who negotiates, whether the deal can be performed at all. This page gives the immigration rule from the regulations, how schools and their lawyers apply it to NIL, the routes they describe, what the House settlement did, where Congress is, and what a mistake costs. It is written from the sources linked below, and the conclusion they share is the one worth stating first: an international athlete's school international office and an immigration lawyer see the contract before it is signed.
The rule
8 CFR § 214.1(e): "Any unauthorized employment by a nonimmigrant constitutes a failure to maintain status." USCIS's Policy Manual defines employment as "any service or labor performed for an employer within the United States" by someone without authorization or beyond its scope. The authorizations an F-1 student has are narrow: on-campus work up to 20 hours a week while school is in session (8 CFR 214.2(f)(9)(i)), and off-campus work only after a full academic year in status and only in defined categories, economic hardship and practical training (214.2(f)(9)(ii)). An NIL deal is none of those.
Active versus passive
Schools and immigration lawyers apply the rule with one question: does the athlete have to do anything in the United States?
- Active. Fragomen's FAQ for Syracuse athletes (November 2024): any required action in the U.S., "no matter how small," is likely employment, and that includes a post, a repost or a "like"; "no social media post, no re-post ... no stopping by for a quick autograph signing." The University of Maine's guidance lists autographs, photos, events, interviews, social posts and wearing products as active NIL that is "NOT PERMITTED" in the U.S. TCU "strongly advise[s]" international athletes not to take part in any NIL activity while in the United States.
- Passive. Opting into a video-game or jersey licence, or royalties on merchandise someone else sells, with the athlete doing nothing: Fragomen calls use of an "already existing image" "generally permissible"; George Washington's sheet says royalties "MAY be passive income" and that the athlete "CANNOT promote the activity, business or product inside the U.S. in any way, including on social media posts." Oregon's general counsel says whether royalties for simply granting permission are active income is unresolved. Steptoe (July 2026) warns that practitioners disagree and that "USCIS officers, consular officials, or other adjudicators may not draw the same distinction."
- Abroad. Work done entirely outside the United States, "the entire activity, from start to finish" in Fragomen's words, is the other route schools describe. Maine says active NIL outside the U.S. "may be ALLOWED," even if the pay lands in the U.S.; Florida's international center describes documenting the trip with I-94 travel history and an itinerary, and says depositing pay in a foreign account does not change the analysis. Oregon's counsel: the athlete's location "matters far more than the location of the business or payment."
No federal guidance
SEVP, the ICE program that administers student visas, said in a June 2021 broadcast message that it was "actively monitoring" NIL legislation and "will provide updated guidance," and in July 2021 that it "continues to assess" the question with USCIS, including "whether regulatory guidance is required." Nothing has followed as of October 13, 2026; a law firm wrote in July 2025 that Congress had pushed DHS and "no such direction has been provided," and Front Office Sports reported in April 2026 that immigration services "have not issued guidance." The only agency statement on record is secondhand: an SEVP spokesperson told Front Office Sports in February 2025 that international athletes "cannot profit from their NIL deals." Two 2026 changes sit beside this: DHS's rule ending "duration of status" was blocked by a federal court on September 14, 2026, the day before it took effect, and SEVP's August 2026 messages narrowing curricular practical training stand.
The House settlement
Since July 1, 2025 schools may pay athletes directly, up to $20.5 million in the first year. For international athletes the payment raises the same question as a deal, and Front Office Sports reported in April 2026 how schools answer it: the revenue-share contracts are written as royalties for NIL use, with no performance incentives or activity terms, and the athlete's visa paperwork carries a letter saying the payments will be received. One attorney said the ACC and Big Ten adopted the approach, "unless and until the government tells us otherwise." Immigration lawyers on the other side call the royalty label "legally fragile" and say USCIS and ICE "will look past labels." A few schools have instead tried granting work authorization and paying about 20 hours a week as work. Two visa routes exist for a few: the O-1 for extraordinary ability, which allows NIL and which one college player holds; and the P-1A, which USCIS denied to an Arizona State player on the ground that it is for people coming "solely" to compete, a denial that is in litigation.
Agents
No source found says that signing a representation agreement is employment; it authorizes someone to negotiate, and the athlete performs no service under it. That is an inference from the definition, not a published opinion, and the research found no immigration lawyer's view on the specific point. The state athlete-agent laws apply to international athletes as to anyone: the Revised Uniform Act's "student athlete" is anyone eligible to attend a school who plays a college or high school sport, with nothing about citizenship, so an agent must be registered and the contract must carry the warning and the cancellation right. What carries the immigration risk is what the agent brings back, if the athlete performs it in the United States. One academic has reported agencies charging international athletes 20 to 40% where 10% is usual, which is the fees page's point in sharper form.
The bills
| Bill | What it does for F-1 athletes | Status (October 13, 2026) |
|---|---|---|
| College Athlete Economic Freedom Act, S. 2470 (Murphy; House companion H.R. 6350) | § 5 creates an F subcategory for bona fide college athletes; NIL activity would not violate status; DHS must grant employment authorization incident to status; the I-20 endorsement is evidence of eligibility to work | Introduced July 28, 2025; not advanced |
| Student Athlete Fairness and Enforcement Act, S. 2932 (Cantwell, Booker, Blumenthal) | Title VI creates an F category for student athletes with work authorization for NIL | Introduced September 29, 2025; not advanced |
| Protect College Sports Act, S. 4668 (Cruz, Cantwell and others) | No immigration or visa provision in the introduced text; neutral on employee status | Passed the Senate 77 to 22 on September 28, 2026; held at the House desk; dies January 3, 2027 if not passed |
| TEAM USA Act, H.R. 10351 | The reverse: a 20% cap on international athletes per roster from 2029-30, tied to federal student aid | Subcommittee hearing September 16, 2026 |
An earlier NIL for International Collegiate Athletes Act (2023, 2024) did not advance.
What a mistake costs
Unauthorized employment is a failure to maintain status (8 CFR 214.1(e)). Reinstatement requires that the student "has not engaged in unauthorized employment" (214.2(f)(16)(i)(D)), so the usual remedy is closed. The Immigration and Nationality Act bars adjustment to permanent residence for anyone who "has ever engaged in unauthorized employment" (INA 245(c)(8)), with limited exemptions. Schools put it in practical terms: termination of status "requiring the student-athlete to leave the United States immediately" (Fragomen), loss of future visas, extensions and green-card eligibility, and officers who "can and do" review social media and devices years later at consulates and ports of entry (Maine). George Washington warns that promotional material can cost a visa at the consulate.
The numbers
The NCAA's demographics database for 2024-25 counts 13,458 international athletes in Division I, 6.6% of 202,748, down from a 2022-23 peak of 14,220; 22,624 across all three divisions. Figures of "about 25,000" and "13% of Division I" circulate from other methods. No survey of how many hold NIL deals was found.
How Leave fits
Leave is software that explains a contract in plain words, including where a deal would require the athlete to do something and where, which is the question an international athlete's school and lawyer ask first. It keeps every deal and its terms in one record and shows the rules and deadlines for the athlete's level. It is not legal or immigration advice, does not negotiate or represent anyone, and takes 0% of any deal. For an F-1 athlete, the international office and an immigration lawyer see the contract before anyone signs; Leave is what the athlete brings to that conversation.
Questions athletes ask
Can an F-1 athlete sign with an agent?
No source found says a representation agreement is itself employment; it authorizes someone to negotiate, and the athlete performs no service under it. The state athlete-agent laws apply to international athletes the same way, since their definition of a student athlete says nothing about citizenship. What carries the immigration risk is the deal the agent brings, if the athlete performs it in the United States. Schools say to have any NIL agreement reviewed by the international office or an immigration lawyer before signing.
What counts as unauthorized work?
USCIS defines employment as any service or labor performed for an employer within the United States, and 8 CFR 214.1(e) says unauthorized employment is a failure to maintain status. Syracuse's immigration counsel told its athletes that any required action in the U.S., "no matter how small," is likely employment, including a social post, a repost or a like. On-campus work up to 20 hours a week in session is the routine authorization; off-campus work needs a full academic year and a specific category.
What is "passive" NIL?
Income for the use of an already-existing name, image or likeness with no action by the athlete in the U.S.: opting into a video-game or jersey licence, royalties on merchandise someone else sells. Fragomen's FAQ for Syracuse calls this "generally permissible"; George Washington's sheet says royalties "MAY be passive income"; Oregon's counsel says the royalty question is unresolved; Steptoe warns that an immigration officer may not draw the same distinction. It is the most-used route and not a settled one.
Can the work be done abroad?
Schools describe it as a route when "the entire activity, from start to finish" happens outside the United States, documented by travel records; where the payment is deposited does not change the analysis. The University of Maine's guidance says active NIL outside the U.S. "may be ALLOWED"; Florida's international center describes documenting the trip with I-94 history and an itinerary.
What about the House settlement payments?
Schools are writing revenue-share contracts for international athletes as royalties for NIL use, with no performance or activity terms, and one attorney told Front Office Sports in April 2026 that the ACC and Big Ten adopted that approach "unless and until the government tells us otherwise." Other immigration lawyers call the label "legally fragile" and say USCIS will look past it. No agency has ruled on it.
What happens if an F-1 athlete gets it wrong?
Unauthorized employment is a failure to maintain status; reinstatement requires that the student has not engaged in unauthorized employment; and the Immigration and Nationality Act bars adjustment to a green card for anyone who has ever engaged in unauthorized employment, with limited exemptions. Schools list termination of status and immediate departure, loss of future visas, and consular review of social media years later.
Is Congress fixing this?
Two 2025 bills would create an F-visa subcategory for college athletes with work authorization for NIL: the College Athlete Economic Freedom Act (S. 2470, with House companion H.R. 6350) and the Student Athlete Fairness and Enforcement Act (S. 2932). The Protect College Sports Act (S. 4668), which passed the Senate 77 to 22 on September 28, 2026, has no visa provision in the text read. A separate 2026 House bill would cap international athletes at 20% of a roster from 2029-30.
Be your own agent. Leave.