DESCRIPTION
Part 1: How NIL and Immigration Collided
Event Information | Resources | Speaker Bios & Contact Info
This presentation will focus on the history of the NCAA’s Name, Image and Likeness (“NIL”) policy and how these rules, designed to benefit NCAA student-athletes, resulted in a disparate impact on international athletes participating in NCAA sports. Our discussion will include the following topics:
- The history of NIL, including the right of publicity and the anti-trust litigation that resulted in the adoption of the “NIL” rules by the NCAA.
- An overview of the players in the new NIL industry: collectives, agents, schools, outside counsel.
- The definition of employment under immigration law, and how that definition may differ from those under the DOL and IRS regulations.
- The limitations of the F-1 student visa and permissible employment under that nonimmigrant classification.
- Why current immigration laws offer no legal avenue for most international student-athletes to take advantage of their NIL rights
Speakers:
Ksenia Maiorova, Practice Group Leader, Individual and Olympic Athletes, Green & Spiegel, LLC
Flavia Santos-Lloyd, Certified Immigration Specialist by the CA Bar and Founder, Santos Lloyd Law Firm, PC
Dan Lust, Counsel, Morrit Hock & Hamroff, PC