Rep. Foushee introduces legislation to expand NIL opportunities for international student-athletes

Michael Perchick Image
Friday, May 3, 2024
Legislation would boost NIL options for international student-athletes
International students are largely barred from NIL opportunities, with few limited exceptions, because of their visa status.

RALEIGH, N.C. (WTVD) -- Purdue center Zach Edey is a two-time AP Player of the Year.

This season, he led Purdue to the finals of the NCAA tournament, averaging 29.5 points per game and 14.5 rebounds per game during March Madness.

Despite his on-the-court success, Edey, who is Canadian, has been unable to capitalize to the same degree as his teammates when it comes to making money off his name, image, or likeness (NIL).

"I feel like I'm missing out on a lot of money," said the star center last month before the Final Four.

International students are largely barred from NIL opportunities, with few limited exceptions, because of their visa status.

"Engaging in this can have grave consequences for them in terms of their maintaining student visa status, or even in the future being able to acquire a green card," said Rep. Valerie Foushee, who represents the state's fourth district, which encompasses Duke, UNC, and NC Central.

Foushee notes there are more than 150 international student-athletes in her district alone, and 25,000 in the NCAA across the country. Last month, she introduced the Name, Image, and Likeness for International Collegiate Athletes Act, alongside Nebraska Republican Rep. Mike Flood.

"This bill would create a sub-category within the F-1 visa tailored for international student-athletes who want to pursue NIL opportunities, and they would be permitted to do so as long as they are progressing in their degree program," Foushee said.

International students are largely barred from NIL opportunities, with few limited exceptions, because of their visa status.

Edey's situation was similar to that of NC State's Mohamed Diarra, a France native who was one of the key players in the Wolfpack's run to the ACC championship and then to the Final Four.

Diarra decided to pursue professional opportunities after the season ended, in part because of the limited NIL opportunities.

"International students already can pursue part-time employment during college. This legislation seeks to ensure that international collegiate athletes also have the opportunity to receive compensation in Name, Image, and Likeness promotions," Flood wrote, in a news release announcing the bill's introduction.

Dual citizens can utilize NIL, and international athletes can be compensated as a result of jersey sales, which is considered passive income.

"It doesn't matter if you're from Zimbabwe or Canada. If you're working for a school here, playing a sport, you deserve to be compensated, because it's your time that you're giving up for that program," said Zac Hiller, owner of Loyalty Above All, a sports agency that represents professional and collegiate athletes.

A bipartisan companion bill was filed in the Senate by Sen. Richard Blumenthal of Connecticut and Sen. Pete Ricketts of Nebraska.