Article by David P. Weber
This article examines the availability of certain types of visas to foreign athletes, and how increasing such availability either by increasing the absolute numbers of visas available or by adjusting the standards used to determine outstanding ability or recognition, would benefit employers, employees, and the spectators for whom the sports mean so much.
Part II of this Article provides a background of the current state of visas for traditional and e-athletes, coaches, and trainers, including how the COMPETE Act of 2006 was enacted to address some of these concerns. Part III examines the joint economic gains uniquely captured in sport through the importation of foreign players. Part IV examines how the Trump Administration tightened eligibility requirements through its interpretation and application of EB-1, P-, and O-visa guidelines over the past four years, resulting in much greater rates of denial than at any other time since the enactment of the COMPETE Act. Part IV also proposes three immediate solutions: new regulations to allow foreign student athletes to earn money from their name, image, and likeness (NIL) in accordance with the NCAA's newly adopted interim rule regarding NIL.
About the Author
David P. Weber, Professor of Law at Creighton University School of Law, and founder of the Creighton Sports Law Concentration.
Citation
96 Tul. L. Rev. 893 (2022)