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This isn’t receiving the attention it deserves. People much smarter than me say there are huge complications with schools paying foreign athletes. Credible fear for athletes who sign contracts without legal counsel. But at least the NCAA “is working on navigating that issue.” 🤦‍♂️

Based on opening statements from Democrats at House subcommittee hearing on new Republican discussion draft of college-sports bill, there is still a partisan divide on what such a bill should look like

I’m still baffled that none of them have addressed the 25,000 international student-athletes in the NCAA.

Except that’s not the correct subcategory of the P-1A. You do not have to be professional to get a P-1. I have multiple athletes on P-1As playing in the NCAA right now.

When I’m not writing, speaking, or thinking about NIL and immigration, I am mostly working with Track & Field Olympians. Ran into the legend herself today!

The House Settlement is being appealed on the grounds of Title IX, and it shouldn’t be long until there are legal ramifications for revenue sharing w/ int’l athletes. Ksenia authentically cares + protected deportation of Harvard athletes prior to Trump doing ICE things. 👂📣💯

P’s are the best available option right now, though imperfect for a number of reasons that ee discuss in the podcast.

All the people who know what they’re talking about re the intersection of rev share and immigration are talking to each other, and we all agree that it’s incompatible with the F-1.

The I-129 is a form, not a classification. It’s used to file for just about every temporary employment based visa in existence, including the P. The I-601A is irrelevant to this conversation entirely. It’s a waiver for immigrant visas and requires a qualifying US relative. It

The Sports Visa Lawyer®️| Ksenia Maiorova Is there a way to earn money in the US if you are on an F-1 visa? You can earn money in your own country, right? Can a U.S. entity pay an entity in another country that ultimately benefits an international athlete? How would we know?

Rev share is incomplete with the F-1 because regardless of how you want to style it or what you call it, the terms of rev share agreements make it clear that the compensation is directly related to the availability of this particular student athlete to perform in that capacity at

Rev share is completely different with different legal implications. And under the current administration even non-rev share NIL agreements that call for deliverables outside the US still put the athletes at risk.

It’s NOT a royalty. It’s a form over substance argument when the terms of the agreement indicate a direct correlation between performance and compensation. I’ve talked to a royalties expert at a leading national firm about this. He has confirmed that the royalty argument fails.

Third party NIL is less problematic than rev share but not without its own issues. The extent of the risk depends on the structure of the agreement.

Not possible to fully cover in a tweet, but check out the podcast I just recorded with Kristi Dosh and the UC Berkeley Law Leigh Steinberg Series I did on NIL and on rev share: law.berkeley.edu/research/bclt/…

That’s irrelevant for immigration purposes.

It’s not on campus employment, it doesn’t matter how many hours a week it is. They play away games, they do off-campus pressers and appearances. If it were that obvious and easy, we wouldn’t be having this conversation.

Many thanks to my law Alma Mater, @berkeleylawbclt and Wayne O. Stacey for the invitation to put this together.

Many thanks to Justin Williams for a great conversation about the impact of the House Settlement and ongoing travel bans on student-athletes.