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Capito Joins Bipartisan Request for Update on NIL Rights for Foreign Student Athletes

Posted by Paul Saluja | May 10, 2024

U.S. Senator Shelley Moore Capito from West Virginia, along with three other senators, has made a bipartisan request for an update from the U.S. Department of Homeland Security (DHS) regarding the protection of international college athletes' rights to their name, image, and likeness (NIL) while studying at American universities.

In a letter dated April 29 and addressed to DHS Secretary Alejandro Mayorkas, Senator Capito and her colleagues highlighted the challenges faced by international college athletes and athletic programs. They emphasized the risk that even basic NIL deals could potentially violate the work restrictions of the F-1 visa held by many international students.

Despite previous commitments from DHS to address these issues promptly, the senators expressed disappointment in the lack of progress. They underscored the importance of allowing international athletes to benefit from recent changes in National Collegiate Athletic Association policies that permit college athletes to monetize their NIL.

The letter called for transparency on the steps DHS is taking to fulfill its commitment to protect foreign college athletes. It also highlighted the impact of the delay, stating that international students continue to face uncertainty without legal safeguards, leading to missed opportunities and potential complications in maintaining visa compliance.

The senators stressed the urgency of the matter and requested a written update from DHS on the actions being taken to ensure that international college athletes and schools can navigate the evolving landscape of NIL rights. The bipartisan effort, led by Senator Richard Blumenthal from Connecticut, aims to provide clarity and support for those who contribute their dedication and hard work to collegiate sports.

For more updates and developments on the protection of NIL rights for foreign student athletes, stay tuned to Saluja Law's blog.

About the Author

Paul Saluja

Paul Saluja is a distinguished legal professional with over two decades of experience serving clients across a spectrum of legal domains. Graduating from West Virginia State University in 1988 with a bachelor's degree in chemistry, he continued his academic journey at Ohio Northern University, gr...

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