As Jackson Lewis’ Immigration Practice Group previously discussed, NIL deals likely do not qualify as on-campus employment authorized for most foreign students in F-1 visa status. Alternatives to F-1 visas for international student-athletes are difficult to obtain. As a result, while their American teammates cash in, international student-athletes cannot market themselves without risking being removed from competition and the country.

According to the senators, Secretary Mayorkas promised swift action to provide clarity to tens of thousands of international student-athletes during Senate oversight hearings over a year ago; but DHS has failed to deliver. With another academic year coming to a close, the senators seek to spur DHS to act as promised. Should DHS update its regulations, international student-athletes may be able to economically “benefit from the blood, sweat, and tears they put into their sport” come the fall.