A federal judge has denied the United States government argument to categorically block international university athletes to obtain the type of visas typically used by professional athletes.
Judge Brian Jackson, based in Louisiana, denied on Friday the request for citizenship and immigration services of the United States (USCIS) to dismiss a lawsuit filed by the last level POA of the basketball player of the state of Arizona. The judge's order does not solve the case of Poa, but leaves the door open so that she and many other international athletes request a type of visa that would make it easier to earn money on the American soil while practicing university sports.
PoA, an Australian base that played his last three seasons in LSU, filed a lawsuit earlier this year after a P-1A visa was denied, which is the document that many international professional athletes use to earn money while competing in the United States. POA is currently in the country with an F-1 student visa, which forbids working while in the United States. University athletes can now be paid directly by their schools, as well as by third parties by approval agreements, but it is not clear if international athletes who accept these payments are endangering their migratory state.
“It is a critical issue because it is a real question about whether or not students will violate their status if they are competing in the NCAA and pay them,” said Amy Maldonado, who has represented POA in his case along with other sports immigration lawyers Ksenia Maiorova.
USCIS did not immediately respond to a comment request on Friday afternoon.
The USCIS lawyers argued in judicial documents that an athlete must be in the United States “only” with the purpose of practicing their sport to receive a P-1A visa and, therefore, a university athlete who is also in the country to obtain an education would not qualify. Judge Jackson did not agree with his argument.
The case will now advance to evaluate whether POA meets the other qualifications necessary to obtain the most professional visa, which includes demonstrating that it is an athlete that competes in “a level of performance recognized internationally.” Maldonado said he believes that “enough” university athletes would comfortably fulfill this definition, which means that they could accept null money while they are in the United States with a significantly less legal risk in the future.
Concerns about how international athletes can safely take advantage of their popularity, while in the university they have been a persistent open question since the NCAA changed their rules to allow athletes to win money in 2021. In 2023, National Secretary of National Security Alejandro Mayorkas said that his department was aware of the problem and planned to find a solution with the “deliberate speed”, but did not take more measures. At least one bill of Congress has also tried to add clarity to international athletes, but did not progress beyond an initial draft. Meanwhile, schools have been forced to find creative solutions to help their international players earn money.
Poa's eligibility to play in the next season for Arizona State, his last year of university eligibility, is not affected by the current case. His lawyers refused to say if he is receiving any payment from the school this season. It is possible that your case does not reach a conclusion until after the end of the basketball season.
