Earlier this year, Last-Tear Poa, an Arizona State basketball player who previously played at LSU, filed a lawsuit after being denied a P-1A visa.[1] A P-1A visa is a document that international professional athletes obtain to earn income while competing in the United States.[2] This classification applies to individuals entering the United States for the sole purpose of performing in specific athletic competitions.[3] More specifically, it applies to (1) an individual athlete or an athlete who is part of a team competing at an internationally recognized level of performance; (2) a professional athlete; or (3) an athlete or coach who is part of a U.S.-based team or franchise that is a member of a foreign league or association.[4]
Under current NCAA Name, Image, and Likeness (NIL) rules, international NCAA athletes are unable to profit from their NIL.[5] These rules affect over 20,000 international athletes in the NCAA, roughly 12% of college athletes. These rules affect over 20,000 international athletes in the NCAA, roughly 12% of all college athletes. Violating these rules can result in the harshest penalties—immediate termination of a student visa, deportation, and loss of eligibility for future visas.[6]
The F-1 visa is the most common visa for international student-athletes, and it is the visa that Last-Tear Poa currently holds. The F-1 visa restricts international students’ ability to work, though it does allow students to work on campus while school is in session for up to 20 hours per week. An international student may obtain additional authorization to work off campus, but these opportunities generally do not include NIL activities.[7] International athletes who engage in NIL may face severe penalties for violating these restrictions, making it safest to avoid NIL participation altogether.
The U.S. Citizenship and Immigration Services requested dismissal of Poa’s lawsuit, but Louisiana-based Judge Brian Jackson denied the request. While this does not resolve Poa’s case, it allows her to continue pursuing the P-1A visa, which would permit her and other international athletes to earn money while playing college sports in the United States. Poa must still meet the qualifications proving that she “competes at an internationally recognized level of performance.”[8]
Since 2021, athletes have been allowed to profit from their name, image, and likeness. More recently, they can also be paid directly by their schools and by third parties for endorsement deals. However, it remains unclear whether international athletes can legally accept such payments without jeopardizing their immigration status. Congress has attempted to clarify the issue, but no official guidance has been issued, leaving schools to devise workarounds to help their international athletes earn money.[9]
[1] Dan Murphy, Judge rules against U.S. government in NIL-visa lawsuit, ESPN (September 19, 2025)
[2] Id.
[4] Id.
[5] Bryan Dearinger, Name, Image, and Likeness: International Student-Athletes, The Office of the General Counsel
[6] Id.
[7] Id.
[8] Id. Supra note 1.
[9] Id.
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