Can International Student-Athletes Work on an F-1 Visa? CPT, OPT, and NIL Explained

The F-1 Visa Reality: You're Here to Study, Not Work

If you're an international student-athlete competing in the U.S., you need to understand a fundamental principle that governs your F-1 visa: you're in the United States to study, not to work. This foundational philosophy shapes every aspect of what you can and cannot do to earn money while pursuing your athletic and academic dreams.

Of the approximately 25,000 international student-athletes competing across NCAA divisions, most hold F-1 student visas. While your American teammates can freely sign endorsement deals, create sponsored social media content, and now receive direct payments from universities under the new House settlement, you face a complex web of immigration restrictions that can put your visa status—and your future in the U.S.—at risk.

What Is an F-1 Visa?

The F-1 visa is a non-immigrant student visa that allows foreign citizens to attend school in the United States at SEVP-certified institutions. To maintain your F-1 status, you must:

• Maintain full-time enrollment in a degree program
• Make satisfactory academic progress toward your degree
• Follow strict employment restrictions outlined by U.S. Citizenship and Immigration Services (USCIS)
• Not engage in unauthorized work or employment

Your school acts as your visa sponsor and is responsible for monitoring your immigration compliance. If you violate F-1 guidelines, your school has the discretion to cancel your visa status.

Understanding "Employment" Under Immigration Law

Here's where things get tricky. Under U.S. immigration law (8 CFR § 274a.1), "employment" is defined very broadly as:

Any service or labor performed in the United States for an employer or other entity in exchange for compensation—whether monetary or otherwise—including hourly work, salaried employment, independent contractor work, self-employment, freelance work, and even volunteering if another person would be paid for the same work.

Critical misconception: Many people believe "passive income" is automatically permissible under F-1 visas. This is incorrect—there is no blanket "passive income" exception in immigration law.

What Work IS Allowed on an F-1 Visa?

F-1 visa holders have only four types of authorized employment options:

1. On-Campus Employment

What it is: Part-time work at your university in roles like library assistant, bookstore clerk, cafeteria worker, or other campus positions.

Rules:

• Maximum 20 hours per week while school is in session
• Full-time allowed during official school breaks
• Can begin 30 days before your program starts
• No additional authorization needed beyond your F-1 visa
• Must be employed directly by the university or on-campus commercial services

The catch for athletes: If you're already spending 20+ hours per week on athletics (which most college athletes do), fitting in additional on-campus work becomes nearly impossible during the season.

2. Curricular Practical Training (CPT)

What it is: Temporary work authorization for internships, co-op programs, or practicum work that is an integral part of your established academic curriculum.

Eligibility requirements:

• Must have completed at least one full academic year of study (unless your master's or doctoral program requires immediate CPT)
• Employment must be directly related to your major field of study
• Work must be required by your curriculum OR you must receive course credit
• Must obtain authorization from your Designated School Official (DSO) before starting work
• Must have an employer identified before authorization

CPT options:

• Part-time CPT: 20 hours or less per week while school is in session
• Full-time CPT: More than 20 hours per week (typically during summer)

CRITICAL WARNING: If you use 12 months or more of full-time CPT, you become ineligible for Optional Practical Training (OPT). Part-time CPT does not affect your OPT eligibility.

For athletes: CPT is designed for academic internships related to your major (like business, communications, sports management), NOT for athletic participation or athletic-related promotional work.

3. Optional Practical Training (OPT)

What it is: Temporary work authorization that allows you to work in your field of study for up to 12 months, with possible STEM extensions up to 24 additional months (36 months total for STEM majors).

Two types of OPT:

Pre-Completion OPT

• Work before graduation while enrolled
• Maximum 20 hours per week during academic sessions
• Full-time during official school breaks
• Time used counts toward your 12-month total

Post-Completion OPT

• Work after graduation
• Full-time work authorization (21+ hours per week)
• Must be related to your major field of study
• Must apply before graduation and have DSO recommendation
• Can work up to 12 months (36 months for STEM majors with extension)

STEM OPT Extension: If you earn a bachelor's or higher degree in Science, Technology, Engineering, or Mathematics, you may qualify for a 24-month extension of your post-completion OPT, bringing your total work authorization to 36 months.

Application process:

1. Receive Form I-20 with DSO recommendation for OPT
2. Submit Form I-765 to USCIS for work authorization
3. Receive Employment Authorization Document (EAD) card
4. Cannot begin work until EAD is approved and received

For athletes: Post-completion OPT is your best path to legal work authorization after graduation, whether you pursue a professional athletic career or transition to another field.

4. Off-Campus Employment Due to Severe Economic Hardship

In rare cases, F-1 students can apply for off-campus work authorization if they experience unforeseen economic hardship due to circumstances beyond their control. This requires USCIS approval and is rarely applicable to student-athletes who receive athletic scholarships.

The NIL Dilemma: Why International Athletes Are Left Behind

Since July 2021, the NCAA has allowed college athletes to profit from their Name, Image, and Likeness through endorsement deals, social media sponsorships, autograph signings, personal appearances, and more. The NIL market has exploded into a billion-dollar industry—but international student-athletes have been largely excluded.

Why NIL Deals Violate F-1 Visa Rules

Most NIL activities are considered "active income" or "work" under immigration law because they involve:

• Providing services: Creating social media content, making appearances, signing autographs
• Labor for compensation: Performing specific tasks in exchange for payment
• Independent contractor work: Contracting with brands to promote products
• Self-employment: Operating as your own business entity

Since these activities aren't authorized under on-campus employment, CPT, OPT, or economic hardship provisions, they constitute unauthorized employment that violates F-1 visa conditions.

The Estimated Cost

According to multiple studies, international student-athletes have lost out on an estimated $13 million to $13.28 million in potential NIL earnings since 2021. Meanwhile, top American athletes are earning six figures or more annually from NIL deals.

Creative Workarounds (With Serious Risks)

Some international student-athletes and their representatives have attempted workarounds to participate in NIL opportunities. Here are the strategies being used—and why they're risky:

1. Performing NIL Work Outside the U.S.

The strategy: Sign NIL deals but perform all required services (photoshoots, appearances, content creation) in your home country during summer or holiday breaks.

Why it might work: CPT authorization is only required for training inside the United States. Work performed entirely outside the U.S. doesn't require CPT approval.

The risks:

• Limited opportunities compared to domestic athletes
• Logistical complications of coordinating international work
• Potential issues if any work activities occur in the U.S.
• Tax implications in both countries

2. Passive Income Through Group Licensing

The strategy: Participate in group licensing agreements where you simply grant permission to use your name, image, or likeness without performing active services.

Examples:

• Video game licensing (like EA Sports college football games)
• Trading card licensing
• Team merchandise where proceeds are distributed to the entire roster

Why it might work: Some argue that simply granting licensing rights is analogous to royalty income or investment income, which doesn't require active work.

The risks:

• No clear USCIS guidance that this is permissible
• Gray area in immigration law interpretation
• Conservative university counsel may prohibit participation
• Limited earning potential compared to individual deals

3. Obtaining an O-1 Visa for "Extraordinary Ability"

The strategy: Apply for an O-1 visa instead of an F-1 visa. O-1 visas are granted to individuals with "extraordinary ability or achievement" in athletics and allow work in that field.

The precedent: In 2022, Hansel Enmanuel, a basketball player from the Dominican Republic, became the first prospective NCAA athlete to secure an O-1 visa, allowing him to sign NIL deals while at Northwestern State University.

Requirements for O-1 visa:

• Demonstrate sustained national or international acclaim in athletics
• Provide evidence of extraordinary achievement
• Have a U.S. employer (or agent) petition on your behalf
• Show that you will continue work in your area of extraordinary ability

Why it's difficult:

• Very high evidentiary burden—many professional athletes fail to qualify
• Expensive application process with legal fees
• Requires employer sponsorship
• Shifts your primary purpose from studying to working
• May not be worth the cost unless you're earning substantial NIL income
• Rare for college athletes to qualify

The House Settlement Crisis: A New Problem for International Athletes

On June 6, 2025, a federal judge approved the landmark House v. NCAA settlement, which fundamentally changes college athletics. Starting July 1, 2025, Division I schools can pay student-athletes directly through a revenue-sharing system.

What the House Settlement Means

• Revenue sharing: Schools can share up to $20.5 million per year (in 2025-26) directly with athletes, increasing to approximately $33 million by 2035
• Direct payments: Money comes directly from schools to athletes as compensation for use of their NIL
• Mandatory participation: Power Five conferences (ACC, Big Ten, Big 12, Pac-12, SEC) are automatically bound; other Division I schools can opt in

Why This Creates a Crisis for International Athletes

Immigration attorneys are nearly unanimous: direct payments from schools to international student-athletes likely constitute unauthorized employment and active income, which violates F-1 visa conditions.

Here's why:

• Payment for performance: Schools are paying athletes directly for playing their sport
• Employer-employee relationship: The arrangement creates a de facto employment situation
• Active income: Athletes are "working" by performing athletically in exchange for compensation
• Unavoidable participation: Unlike individual NIL deals, revenue-sharing applies to entire athletic departments

The Consequences of Accepting House Payments

If you accept revenue-sharing payments while on an F-1 visa, you risk:

• Immediate visa termination
• Requirement to leave the U.S. within 30 days
• Deportation or reentry ban
• Inability to obtain future visas or permanent legal status in the U.S.
• Disqualification from P-1 professional athlete visas

Schools Face Legal Risks Too

Universities paying international athletes could face their own violations with U.S. Immigration and Customs Enforcement (ICE), as it's illegal to pay workers who are unauthorized to work in the United States.

Where's the Federal Guidance? (Spoiler: It Doesn't Exist)

Despite years of advocacy, petitions, and lobbying efforts, neither Congress nor the Department of Homeland Security has issued clear guidance on whether NIL activities or House settlement payments are permissible for F-1 visa holders.

Current status as of 2025:

• No federal legislation passed
• No regulatory changes from DHS or USCIS
• No policy memorandums clarifying permissible activities
• A Student and Exchange Visitor Program (SEVP) spokesperson stated: "Currently, international student athletes cannot profit from their NIL deals"

Proposed Solutions Still Pending

Various solutions have been proposed but not implemented:

• Congressional action: Create a statutory exemption for NIL deals or a new visa class for college athletes
• Regulatory rulemaking: Update 1990s-era definitions of "student activity" and "permissible work"
• Informal guidance: Issue a DHS policy memorandum allowing F-1 students to engage in NIL activities authorized under state law
• On-campus income classification: Treat NIL revenue as on-campus income (similar to library or bookstore jobs)

What International Student-Athletes Should Do Now

1. Understand Your Restrictions

• Accept that most NIL opportunities are off-limits without changing visa status
• Know that even "small" NIL deals can jeopardize your visa
• Understand that good intentions don't protect you from violations

2. Maximize Allowed Work Opportunities

• On-campus jobs: Work up to 20 hours/week in campus positions
• CPT: Pursue curriculum-related internships in your major (not athletics)
• Plan for OPT: Protect your post-graduation work authorization by not using 12+ months of full-time CPT

3. Be Extremely Cautious About House Settlement Payments

• Consult with immigration attorneys before accepting any direct payments from your school
• Ask your university's international student office for guidance
• Understand that your school may exclude you from revenue sharing to protect your visa status
• Document all decisions and advice received

4. Consider Long-Term Visa Strategy

• If you plan to pursue professional athletics, research P-1 visa requirements
• If you're an exceptional talent with substantial earning potential, explore O-1 visa eligibility with an immigration attorney
• Plan your post-graduation OPT carefully to maximize legal work opportunities
• Understand that visa violations can permanently affect your ability to return to the U.S.

5. Stay Informed

• Monitor for any federal guidance or policy changes
• Stay in close contact with your school's international student services office
• Join advocacy efforts calling for clearer regulations
• Follow immigration law developments related to student-athletes

The Competitive Disadvantage: By the Numbers

The restrictions create significant inequities:

• ~25,000 international athletes affected across all NCAA divisions
• 12.8% of Division I athletes are international students
• 15% of men's D1 basketball players are international
• 13% of women's D1 basketball players are international
• 60%+ of D1 tennis players are international
• $13+ million in lost NIL earnings since 2021

Meanwhile, top American athletes earn:

• $25,000-$60,000+ annually in combined NIL and House payments
• $100,000+ for elite athletes in revenue-generating sports
• Full participation in team licensing deals

Real-World Implications

Recruiting Impact

Universities face challenges in recruiting and retaining international talent when they cannot offer competitive financial benefits. Some schools are:

• Taking ultra-conservative approaches and excluding international athletes from all NIL activities
• Making promises about NIL participation that may expose students to visa violations
• Building foreign marketing campaigns (like Penn State's billboards in Canada) to create NIL-like benefits
• Struggling with team dynamics when international and domestic athletes have vastly different earning potential

Team and Locker Room Dynamics

The exclusion of international athletes from NIL creates:

• Visible income gaps on the same team
• Tension between teammates with equal contributions but unequal compensation
• Morale issues affecting team performance
• Difficult conversations about fairness and equity

Alternative Visa Options: A Quick Comparison

Visa Type	Purpose	Work Authorization	Best For	Challenges
F-1	Academic study	Very limited (on-campus, CPT, OPT)	Most college athletes	No NIL, no House payments
J-1	Exchange programs	Even more limited than F-1	Specific exchange programs	Rarely suitable for NCAA competition
O-1	Extraordinary ability	Can work in field of extraordinary ability	Elite athletes with proven international acclaim	High burden of proof, expensive, rare
P-1	Professional athletes	Can work as professional athlete	Athletes joining professional leagues	Not applicable to college athletes

Important Reminders About Visa Compliance

Questions to Ask Your University

Before making any decisions about work or NIL, ask your school's international student office:

1. What is your university's policy on international athletes and NIL opportunities?
2. Will international athletes be excluded from House settlement revenue-sharing?
3. What on-campus employment opportunities are available that fit my athletic schedule?
4. Can I participate in group licensing deals without violating my visa?
5. What documentation should I keep regarding any decisions about work or NIL?
6. Does the school provide immigration legal counsel for these specific situations?
7. What happens to my visa if I accept any House settlement payments?
8. How is the athletic department coordinating with immigration compliance on these issues?

The Bottom Line

The harsh reality is that international student-athletes on F-1 visas cannot participate in most NIL opportunities or House settlement payments without risking their visa status and future in the United States.

Your work authorization is limited to:

• ✅ On-campus employment (20 hours/week during school)
• ✅ CPT for curriculum-related internships in your major
• ✅ OPT for post-graduation work in your field
• ❌ Most NIL endorsement deals
• ❌ Sponsored social media content
• ❌ Personal appearances for payment
• ❌ Autograph signing sessions for compensation
• ❌ House settlement revenue-sharing payments

While this creates an unfair competitive landscape, protecting your visa status must be your top priority. The consequences of violations are severe and long-lasting: deportation, reentry bans, and inability to pursue future opportunities in the U.S., including professional athletic careers.

Hope for the Future?

Change is possible, but it requires federal action. Advocacy efforts continue, including:

• Petitions with thousands of signatures calling for policy changes
• Lobbying by NCAA conferences and athletic departments
• Proposed federal legislation to create NIL exemptions
• Pressure on DHS to issue clarifying guidance

However, as of late 2025, no changes have been implemented. International student-athletes must continue navigating the system as it currently exists.

Final Advice

If you're an international student-athlete or considering becoming one:

1. Go in with eyes wide open: Understand you won't have the same earning opportunities as domestic athletes
2. Prioritize your education and visa status: Don't risk everything for short-term financial gain
3. Get professional advice: Consult immigration attorneys before making any decisions about work or NIL
4. Document everything: Keep records of all advice and decisions
5. Plan ahead: Use CPT and OPT strategically for your post-graduation career
6. Stay compliant: When in doubt, err on the side of caution
7. Advocate for change: Support efforts to reform immigration policy for student-athletes

The landscape is unfair, but understanding the rules is your first step toward protecting your dreams—both athletic and academic—while staying in compliance with U.S. immigration law.