Sec. 5. International college athletes
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Section 101(a)(15)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(F) ) is amended by— by striking
(i)an alien having and inserting (i)(I) an alien having ; by redesignating clauses
(ii)and
(iii)as subclauses
(II)and (III), respectively; by striking the semicolon and inserting ; or ; and by adding at the end the following: an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide college athlete (as defined in section 2 of the College Athlete Economic Freedom Act ) qualified to pursue a full course of study and who seeks to enter the United States temporarily and for the purpose of pursuing a course of study at an established college, university, or other academic institution while also participating in intercollegiate athletics, which institution or place of study shall have agreed to report to the Secretary of Homeland Security the termination of attendance of each nonimmigrant student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn; . Section 212(a)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(5)(A) ) is amended by adding at the end the following: Notwithstanding clause (i), an alien who seeks admission to the United States to compete in intercollegiate athletics as an international college athlete nonimmigrant described in subparagraph (F)(ii) of section 101(a)(15) shall not be inadmissible for having participated or engaged in activities described in section 3 of the College Athlete Economic Freedom Act (relating to the marketing of the name, image, or likeness of the alien), individually or as a member of a group of athletes, and such activities shall not constitute a violation of or failure to maintain such nonimmigrant status. . Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended by adding at the end the following: In the case of an international college athlete nonimmigrant described in section 101(a)(15)(F)(ii) who participates in intercollegiate athletics, the Secretary of Homeland Security shall— authorize the alien, incident to status, to engage in employment activities described in section 3 of the College Athlete Economic Freedom Act (relating to the marketing of the nonimmigrant's name, image, or likeness of the nonimmigrant), individually or as a member of a group of athletes, in the United States during the period of authorized admission; and provide the international college athlete nonimmigrant with an employment authorized endorsement or other appropriate document signifying authorization of employment. . In the event that any Federal or State court of competent jurisdiction or any government agency declares college athletes to be employees of an institution of higher education or intercollegiate athletic association— participation in intercollegiate athletics shall not violate or be considered to be a violation of or a failure to maintain nonimmigrant status described in subparagraph (F)(ii) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ); and international college athletes admitted to the United States pursuant to visas issued under that subparagraph may be paid for their participation in college athletics in the same manner as other college athletes are paid. Endorsement of the Form I–20 (Certificate of Eligibility for Nonimmigrant Student Status) of an international college athlete by a designated school official for name, image, or likeness activities described in section 3 shall serve as evidence of eligibility for employment in the United States.
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