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Phoenix Partners Matthew Martinez and Gregg Clifton recently published an article for Sports Law Expert and Legal Issues in Collegiate Athletics titled, “How the New Student Visa Rule May Impact International Student-Athletes.” The article describes the effects that a new Department of Homeland Security (DHS) rule will have upon immigration planning for international student-athletes and includes recommendations for how the athletes and their schools may prepare for the new framework.
Messrs. Martinez and Clifton begin the article by noting that under the new DHS rule, which will take effect on September 15, 2026, international students will be admitted to the United States for a fixed period of time that is tied to the program end date listed on their Form I-20 or DS-2019, subject to a maximum admission period of four years. Calling it “one of the most significant changes to the way international students are admitted to the United States in decades,” the authors explain that the new rule “replaces the longstanding ‘Duration of Status’ (D/S) system” under which students generally remained in lawful status as long as they continued to satisfy the requirements of their F-1 classification. They note that under the new DHS rule, “many international student-athletes may reach the end of their authorized admission period before completing their remaining NCAA eligibility.”
Messrs. Martinez and Clifton next advise that as student-athletes prepare to comply with the new DHS rule, they should, among other things, know the expiration date listed on their Form I-94 and how it aligns with their academic program and authorized period of admission, notify their designated school official immediately if their academic plans or athletic eligibility changes, and seek qualified immigration advice before making decisions that could impact their lawful status. In addition, the authors observe that, “As colleges and universities adjust to the new framework, student-athletes, coaches, athletic departments, compliance offices, and international student services will all need to pay closer attention to immigration timelines than ever before.”
Mr. Martinez is a member of Lewis Brisbois’ Immigration Practice and has over 20 years of experience representing clients in all matters of business immigration. He represents employers and foreign nationals in the preparation of nonimmigrant visa petitions, labor certification (PERM) applications, immigrant petitions, and permanent residency (green card) applications. He also counsels companies on complex immigration issues that arise in mergers, acquisitions, and reorganizations, and assists companies with I-9 and E-Verify issues, including internal audits and government investigations.
Mr. Clifton is a chair of Lewis Brisbois’ Collegiate & Professional Sports Law practice and a vice chair of the Traditional Labor Law practice. He advises numerous professional franchises on general labor and employment issues, has served as lead counsel for several Major League Baseball teams in their salary arbitration matters, and has represented NCAA and NAIA collegiate clients. Additionally, he has handled Title IX investigations and compliance issues for NCAA and NAIA member institutions as well as agent regulation and enforcement matters in professional and college sports.
Read the full article in Sports Law Expert here and in Legal Issues in Collegiate Athletics here (subscription required).
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