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Beyond the Court-Compensation Inequality: A Critical Look at NIL for International Student-Athletes
1PhD Education, Equity, and Transformation, School of Education, Colorado State University.
Abstract:
This paper critically examines the National Collegiate Athletic Association's (NCAA) Name, Image, and Likeness (NIL) policy and its inequitable impact on international student-athletes. The NCAA's NIL policy allows student-athletes to earn compensation from endorsements, marketing, and other activities, opening new opportunities for many athletes. However, international student-athletes face significant barriers to accessing these benefits due to immigration laws and institutional practices. Despite performing the same duties as their U.S. counterparts, international students are often prohibited from receiving direct compensation, which impedes their career development and financial stability. The paper explores the complexities of cross-cultural adjustment, career preparation challenges, and the limited support available to international student-athletes. It also addresses how the varying state-by-state interpretations of NIL policies further exacerbate these inequalities. While domestic student-athletes benefit from NIL deals, international athletes are left navigating a landscape filled with legal uncertainties, risking violating their visa statuses if they pursue compensation. Higher education institutions are recommended to create equitable practices that support international student-athletes. These include revising institutional policies to align with immigration laws, offering clear pathways for compensation through practical training programs, and increasing awareness of passive income opportunities. The need for consistent support from institutions and the NCAA is emphasized to ensure that international student-athletes are included in this new era of collegiate athletics. Ultimately, this paper calls for systemic changes that would allow international student-athletes to fully participate in NIL opportunities without fear of jeopardizing their immigration status, ensuring equity in compensation and career development for all athletes.
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