LOOK: Oscar Tshiebwe meets with senator, pushing for NIL federal legislation

by:Austin Brezina04/12/22

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After an incredible, award-winning season with Kentucky, Oscar Tshiebwe met with lawmakers about changing the current NIL rules for foreign athletes. Despite being the best player in college basketball and winning the Wooden Award, Tshiebwe was ineligible for NIL deals last season due to his status as a foreign athlete. Athletes on an F-1 student visa are not currently eligible to make money via NIL without risking their immigration status.

On Tuesday, Tshiebwe met with Kentucky senator Mitch McConnell in an effort to help change the current federal immigration laws that prohibit college athletes from earning money via NIL deals.

Oscar Tshiebwe pushes for NIL changes

Tshiebwe has had success lately with the help of Kentucky and his support system — announcing in February that he was now eligible for NIL deals and could begin to profit off of his tremendous skill. Despite his success, countless other foreign athletes competing in college athletics do not have that ability and are prohibited from enjoying the benefits that their teammates are receiving with the NIL changes.

According to Sports Business Journal, more than 12 percent of college athletes in the U.S. are from foreign countries and most are ineligible for NIL deals. Most of these student-athletes are on F-1 student visas that “prohibit students from working off campus except in rare authorized exceptions. If the school finds out that one of their international student-athletes has been doing side jobs, making money off their name, image or likeness, the school is legally obligated to terminate their visa.”

The process of obtaining an F-1 student visa is one that countless students around the nation are familiar with, and the rules associated with them can be complicated without guidance from their school.

“After you are admitted into the institution of your choice, you can apply for the visa 120 days before you are scheduled to start your program,” states VisaGuide on the current best practice for the application process. “You cannot apply any earlier, but applying later might cause you a delay due to processing times. So as soon as the 120-day countdown begins, make sure you submit your application.”

As On3’s Tyler Thompson explains, under the current law, international student-athletes like Oscar cannot “work,” meaning they cannot do commercials, photoshoots, paid public appearances, autograph tours, etc. to enjoy the full benefits of their name, image, and likeness. Oscar and his team of agents and advocates have found ways for him to earn money off his likeness, like his line of merchandise with Kentucky Branded, but until the law changes or there is clarity from the Department of Homeland Security on what foreign students may do, he is only making a fraction of what he could.