The Cross-Border Effect; What NCAA Name, Image and Likeness Regulations Mean for Canadian Athletes

Although the two countries are oftentimes regarded as interchangeable, collegiate sports is one example of a vast difference that exists between Canada and the United States. Home to 352 Division I schools, 313 Division II schools, and 434 Division III schools; nearly half a million college level athletes represent American institutions in any given year. Canada on the other hand, which is currently home to 58 U Sports member schools, and 99 Canadian Collegiate Athletic Association member schools, puts up a mere fraction of these numbers. But size isn’t the only differentiating factor setting apart collegiate sports in the two countries. There are also huge gaps in the media coverage, program budgets, and more recently, in the opportunities for athlete profit.

The National Collegiate Athletic Association (NCAA), established in 1906, is the governing body for Division I, II, and III collegiate athletics in the United States. As collegiate sports have rapidly expanded in both size and popularity, the organization's success has grown significantly. In 2017 alone, the NCAA reported over $1.06 billion in revenue. But despite many NCAA coaches, presidents, and executives earning millions of dollars annually, with some athletic departments generating up to $45 million in revenue each year, college athletes were left without any kind of compensation prior to June 2021. Under NCAA regulations at the time, athletes were prohibited from profiting off their name, image, and likeness (NIL), meaning they couldn’t engage in paid endorsement deals, sell merchandise, or participate in other activities that could offer some kind of financial compensation. However, this changed in July 2021 when the NCAA introduced its first NIL policy, allowing student-athletes to monetize their personal brands. Since these regulations took effect, over 450,000 athletes have found financial success through NIL activities, which can include things like social media endorsements, autographs, merchandise sales, ambassador roles, and more. 

NIL has created amazing opportunities for all sorts of athletes, including those who compete in sports which currently lack professional options post-grad. Take Livvy Dunne for example, a gymnast at Louisiana State University. Dunne, who is currently the most followed NCAA athlete on social media, holds the #2 spot in the overall NIL rankings, with an estimated NIL valuation of almost 4 million dollars. We’ve also been witness to the unprecedented impact and public attention that NIL has brought to women’s sports as a whole. Notably, this has occurred through “The Clark Effect”, referring to the impact that former University of Iowa and current Indiana Fever basketball star Caitlin Clark has brought upon women’s basketball. Clark, who is regarded by many as the greatest college basketball players of all time, broke the all-time NCAA Division I career scoring record for both men’s and women’s basketball in 2024. With an estimated NIL valuation of over $3 million during her time in the collegiate world, Clark signed NIL deals with Gatorade, Nike, State Farm, Goldman Sachs and more. 

Although undeniably creating opportunities for thousands of athletes since 2021, NIL hasn’t leveled the playing field for everyone. Despite making up approximately 12.8% of NCAA athletes, international students, including Canadians, are almost completely unable to profit through NIL. The main reason for this is that the majority of Canadian students attending American institutions are issued F-1 visas. The F-1 (Academic Student) visa restricts students from working off-campus during their first year of study, and in subsequent years restricts off-campus employment to Curricular Practical Training (CPT), Optional Practical Training (OPT) (pre-completion or post-completion) and Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT). Any of these off-campus employment options are strictly regulated, and must be both related to that student's area of study and authorized prior to starting any work by the Designated School Official, who is responsible for maintaining the Student and Exchange Visitor Information System (SEVIS) and the United States Citizenship and Immigration Services (USCIS) records. As a result of these regulations, Canadian athletes are excluded from participating in “active” engagements while in the United States. This restriction encompasses social media and influencer-style posts, the most commonly seen NIL engagements. Despite this, international students are permitted to profit from “passive” NIL engagements, which although less common, do serve as a source of NIL profit for a small percentage of NCAA athletes. Passive engagements may include things such as jersey sales or video game licensing, such as the appearance of an athlete in an EA Sports licensed game.

Unsurprisingly, this has led to some frustrations among Canadian athletes. Take Toronto-born Zach Edey for example, who led the Purdue Boilermakers to their first NCAA Final Four since 1980. Edey, who has since been drafted by the Memphis Grizzlies in the first round of the 2024 NBA Draft, was largely unable to profit from his likeness during his time at Purdue University despite his high popularity. Another great example is former University of Connecticut basketball player Aaliyah Edwards. The Kingston, Ontario-born athlete, who put up 17 points and 8 rebounds against the Iowa Hawkeyes in ESPN’s most watched basketball game of all time,  was unable to participate in active endorsements while on American soil. To put the impact this had on Edwards potential earnings into perspective, her American teammate Paige Bueckers, is estimated to be worth more than half a million dollars in NIL valuation. When Edwards did sign a large NIL deal with Adidas Canada in February 2024, she was unable to speak publicly about it while in Connecticut, due to the risk of her student visa being jeopardized if the deal was advertised within the United States. In April, Edwards opted out of her final year of NCAA eligibility, and was drafted 6th overall to the Washington Mystics in the 2024 WNBA Draft. Now on work visas as opposed to student visas, Edwards and Edey will be able to profit through their name, image and likeness without facing these same restrictions, a far more desirable option for Canadian-born athletes in the United States.

Many sports management companies have played a role in helping Canadians navigate their often confusing and unclear options when it comes to NIL regulations, but they often come up short. Aside from the obvious disadvantage of being unable to partake in active deals while physically present in the United States, many brands also remain unclear on what is and is not permissible for international students; making it far easier to defer to American-born athletes who don’t face these same restrictions. Brands and collectives also tend to be unwilling to wait for international athletes to return home before promoting a product, rendering them ineligible for the majority of potential endorsements.

In the current landscape, Canadians and other international students will continue to be at a disadvantage when it comes to profiting from NIL. But potentially more concerning than simply not receiving their fair share of the profits is that unclear regulations may leave foreign students exposed to accidental visa violations; which could have a permanent effect on their ability to live, work, travel or study in the United States. Without clearly defined legislation outlining in detail what constitutes permissible NIL activity while on an F-1 visa, the burden is transferred to athletic departments themselves to find loopholes allowing them to maintain and continue attracting international athletes into their programs. 

As collegiate athletics continue to increase in size and popularity, and NIL opportunities remain a defining feature of the NCAA, the limitations faced by international athletes brings forth a significant disparity. Without clear and consistent guidelines, international students not only lose out on potential earnings despite bringing millions of dollars into their universities programs, but they also run the risk of jeopardizing their future prospects in America due to the murky existing legislation. A more inclusive approach to NIL regulations, and more clearly defined policies surrounding F-1 visas could ensure that all athletes, regardless of nationality, have the opportunity to benefit from their hard work and talent on the field, while also protecting them from possible mishaps when utilizing their name, image and likeness.