Drexel University Athletics
NIL FAQ For International Student-Athletes
What is NIL?
NIL stands for name, image, and likeness, and refers to an individual's right of self-publicity in exchange for compensation.What are NIL activities?
NIL activities are any activities in which a student-athlete authorizes a person, business, or other entity to use their NIL and receive compensation in return for their work. Example activities may include personal appearances or autograph signings, promotion or sale of products and services, operation of camps/clinics, and entrepreneurial activities.What are prohibited NIL activities?
Drexel student-athletes cannot earn compensation as a result of the use of their NIL in connection with any anything that is illegal, conflicts with University policy, or conflicts with NCAA rules. Current and/or prospective student-athletes cannot receive any type of compensation through an NIL agreement in exchange for their commitment to attend a school, remain at a school, for their athletic performance, or for work not actually performed.Does Pennsylvania have a state law that applies to all Drexel student-athletes?
Yes, all Drexel student-athletes are held to the PA state law with NIL activities. The PA state law can be found here: Pennsylvania 2021 Act No. 26 Article XX-K approved by the Governor June 30, 2021How is Drexel University preparing its student-athletes for success and understanding of NIL policy?
Drexel University has launched Dragons' Edge, a comprehensive Name, Image and Likeness (NIL) educational program designed to assist student-athletes in the growth of their personal brand. This program covers numerous topics that affect Drexel's student-athletes including those such as branding, compliance, entrepreneurial and business training and development, financial management, collaboration, and negotiation. The athletic department is partnering with other campus academic departments and units, including LeBow College of Business and the Close School of Entrepreneurship, to prepare Drexel student-athletes to navigate the new landscape in college athletics.Can I engage in NIL activities in the United States? / Can I enter into agreements for the use of my NIL?
International student-athletes should not enter into any NIL agreements without the guidance from Drexel University’s Office of International Students and Scholars to guard against any potential immigration/visa issues.
May I establish my own business selling products and services?
No, not in the United States. Note: An F-1 student can invest in the United States (e.g., buy stock in a company), but cannot receive income or remuneration as a result of providing services to any company, including one owned by the F-1 student.
May I use my NIL in connection with a personal crowdfunding page to raise money for my personal education expenses or family hardships?
If the page is set up while the student-athlete is outside of the US and no further activity is undertaken related to promotion of the page while in the US, then this activity is permissible. (Please consult with an immigration attorney.) However, the US government may consider active operation/updating/promotion of such a page while in the US to be no different than operating a business for income.
May I use my name, image, or likeness in connection with a personal crowdfunding page to raise money for charity?
Yes, provided you receive no compensation, remuneration, or benefit from the charity in any way. (Please consult with an immigration attorney.)As noted above, it is important to differentiate services or labor performed in the United States from services or labor performed outside the Unites States. An F-1 student-athlete may be able to sign autographs, make appearances, endorse products, provide lessons, etc. outside the United States provided such activities comply with applicable Department of Athletics and NCAA rules and applicable federal and/or state law.
A Letter from ISSS to International Student Athletes
Dear students,I am writing to you regarding the state law on college student athletes being compensated for the use of their name, image, and likeness (NIL). The law went into effect on July 1, 2021. As an international student, you may be interested to know how this law affects you and whether the Department of Homeland Security (DHS) would consider compensated NIL arrangements as “employment” for purposes of maintaining your F-1 status, and if so, whether your immigration status permits such employment.
At this time, it is still not clear if the DHS would consider NIL arrangements as “employment”. The only statement that they provided was a message in which they informed designated school officials (DSOs) that they are “aware of and actively monitoring proposed federal and state legislation pertaining the use of name, image and likeness of students athletes, including F nonimmigrant students.” They added that the DHS is reviewing how this legislation affects international student athletes and will provide updated guidance.
It is still unclear when this guidance will be issued. Until that happens, please refrain from entering into a NIL agreement or engaging in compensated NIL activity. This applies to potential foreign NIL agreements as well. Any work done while in the U.S. counts as “employment” in the U.S. even if done for a foreign employer and even if paid to a foreign bank account. If you have pressing questions about NIL engagements or have a pending offer, you should seek advice from an experienced immigration attorney.
ISSS will continue to closely monitor this issue and communicate additional information when available. Please let me know if you have any questions in the meantime.
Mladenka Tomasevic
Executive Director, ISSS