He sits in a cramped San Diego apartment, the Swiss jersey hanging above his head and the slanted wall collapsing on his 6-foot-8 frame, gathering his thoughts about the future.
He knows that in a few weeks he will be somewhere in the middle of Portugal and fulfilling his dream of playing for the Swiss national basketball team.
He also knows that when his number is called and he plays in his first exhibition match, he will be the most marketable he has ever been as an athlete, even if that was never his goal when he took up basketball.
But the thing Tony Rocak, a rising senior on the UCSD men’s basketball team, is most aware that none of that will matter when he returns to San Diego in August to prepare for a basketball season. college ball. He will be excluded from the new arms race designed to compensate marketable college athletes. And it will have nothing to do with his new Twitter followers in the world of international football or the growing number of companies that might want to invest in his image.
It is because of his origins, which extend from Croatia to Switzerland – and which understand seven languages – that Rocak will not be able to receive remuneration like the rest of his teammates.
Due to their student visa status, international college athletes may miss out on the benefits of name, image and likeness (NIL) laws that swept the country last week. While the NCAA has suspended all NIL rules, allowing athletes in all 50 states to immediately turn a profit on their image starting July 1, internationals are on the outside looking in.
“I just find it unfair. I think the NCAA often forgets about international college athletes,” Rocak said. “At the heart of this approach, athletes must be able to express themselves. It’s something that (the internationals) still don’t have.”
This has made the last few weeks frustrating, as teammates talk about endorsements.
Katja Pavicevic is a Canadian swimmer on the UC San Diego team, photographed last week on campus.
(Nelvin C. Cepeda/The San Diego Union-Tribune)
“I kept seeing these texts on GroupMe saying, ‘Oh, that’s cool.’ Look at this,'” Katja Pavicevic, a Canadian swimmer at UCSD, said. “But I looked at the same thing and my immediate thought was, ‘Oh, I can’t do that.’ It’s disheartening. We put in the same amount of work and benefit our institutions in the same way.
The legal question
The heart of the issue, as to why international college athletes are potentially excluded from NIL benefits, centers on the mechanics of the student visa process. It depends on what the student visa allows, and more importantly, does not allow students to do while at university.
According to U.S. Census figures, the majority of international college athletes are in the United States on an F-1 visa. This mainly allows students to do only three things during their stay in the country.
First, they must take a full course load each semester – about 12 credit hours at most institutions. After that, students are allowed to work 20 hours per week on campus. Finally, the third part of the visa states that the only way for a student to earn off-campus compensation would be through an internship in their field of study.
This breaks down into two categories. There are optional practical training courses, reserved mainly for graduate students. There are also curricular practical training courses for undergraduate students. CPAs, as they are called, allow students to obtain a paid internship specifically and uniquely related to their college major.
“Visa laws are designed to protect the U.S. economy,” said Angelica Sciencio, an immigration attorney in San Diego. “Students are here to study. They are not here to find work or harm American workers. It’s overprotective.
And that’s where NIL comes in, or not.
The majority of compensation college athletes receive will come from sources outside the university, as companies attempt to invest in a player’s image through endorsements, advertising and autographs. It’s unclear exactly where this fits into the F-1 visa requirements. This cannot be classified as an on-campus job. This is also not an off-campus internship related to a major.
“Perhaps if a student is studying kinesiology or sports health, they could be considered a CPA in their field of study,” said Robynn Allveri, a designated student (DSO) who serves international students at the USD.
“But for a major (in agriculture), I don’t see how that fits in.”
Allveri and his colleagues at the DSO are trying to find workarounds. Most of it focuses on the word “employment” and whether business income is “active” or “passive.”
According to Allveri, international college athletes likely won’t be able to be “employed” by outside companies that require them to post a certain number of times on social media. However, if it’s more of a “passive” form of income, that would be great.
“Currently, internationals can invest in the stock market. They can buy a house and earn money through investment. It is a passive income and perhaps NIL can be considered as such,” Allveri said.
However, others are not as confident.
“I don’t see how student-athletes should attend practices and games and then make money off of that, that would be considered passive,” Sciencio said.
“I would be careful because for the slightest infraction you could be sent home. You cannot attend college and this could affect your future ability to travel.
The opportunity
What makes the situation even more frustrating for international athletes is that they are the ones who stand to benefit the most from all of this.
Many international athletes in the United States compete for their home country’s national teams, without receiving any compensation due to their amateur status. Rocak, for example, will play for the full national team but will be the only one on the roster not to receive income. Pavicevic also competed at the junior level for Canada.
To make matters worse, as NIL laws sweep the country this summer, it is the international season. Athletes will compete in events like the Olympics and their fame will reach an all-time high at home and abroad.
“It’s like rocket fuel,” Vince Thompson, CEO of sports marketing company MELT, said of the timing. “They are ready to make the most money immediately.”
With the Tokyo Olympics on the horizon, non-profit sports are also expected to see a surge in viewership and market value immediately following the games. Olympic disciplines such as swimming, which are full of international university athletes, will be omnipresent on the airwaves.
“Swimming is gaining visibility. The championships are on NBC,” said Pavicevic, who competed in the NCAA championships as a freshman. “It’s sad because we’re talking about things like equal pay and we’re not going to be able to do that.”
The good news, at least for now, is that international athletes could theoretically make money from companies in their home countries. For example, a Canadian company could do business with Pavicevic. This would be the equivalent of an international student getting a summer job when they return home.
But they won’t be able to make money once they return to the United States.
International athletes have a larger following than most of their American counterparts because of their status on national teams. It’s also true that American companies could try to expand outside the country and into larger markets thanks to international stars.
“I mean, on paper, I’m one of the most marketable targets for companies,” Rocak said. “…And I know I’m in (a small school). I know there are larger schools where international athletes face this problem, like San Diego State University just across the street. These guys will have (more opportunities) than us to make money.
Some believe the NCAA and government will lift visa restrictions for college athletes. But whenever a government agency or multiple governments are involved, it remains uncertain.
Others expect more clarity when a federal law is released. Or when a California state law goes into effect, potentially in September.
For now, however, there is little guidance. Pavicevic said there have been no meetings to discuss what can and cannot be done. Allveri said the DSO’s weekly meetings haven’t talked much about the topic.
“I’m going to fight the NCAA. That suits me. I’m not going to sit idly by,” Rocak said.
“But I’m not going to fight the government. It’s too much. It’s your life.
