Navigating NIL with Clarity & Confidence

Above the Cap | Issue 008 | July 1, 2025

🚨 No Cap: What Athletes Need to Know

For both international athletes and domestic talent, access to NIL shouldn’t hinge on outdated structures or one-size-fits-all systems. Our job at NOCAP Sports is to ensure that no opportunity is left on the table, whether that’s through more innovative legal pathways, more scalable solutions, or a clearer point of view in a shifting marketplace.

We’re not just navigating the landscape. We’re building what comes next.

🔍 The Fine Print: Policy. Rules. Impact

F-1 Visa Roadblocks & the NIL Workaround You Should Know

International athletes face a frustrating reality: even with brand interest and revenue sharing under the House Settlement, most are legally barred from earning NIL revenue while in America on the F-1 Student Visa.

That’s why there’s growing momentum behind a more effective and compliant path forward: the P-1A Visa. Here’s what matters:

  • The F-1 Visa, created before the internet era, does not allow athletes to earn income from NIL, leaving thousands unable to participate.

  • The P-1A Visa allows internationally recognized athletes to earn income through sport-related opportunities, including NIL and revenue-sharing agreements.

This status does not make an athlete an employee and ensures they remain compliant with NCAA amateurism rules, as evidenced by some current college athletes being on the P-1A.

If an athlete has:

  1. Competed for at least one year in the NCAA

  2. Represented their country, held international rankings, or played on national teams

…they may already qualify.

💡 Why This Is a Game-Changer?

With political uncertainty surrounding student visa issuance and a limited number of law firms specializing in affordable P Visa conversions, most schools and athletes haven’t pursued it. NOCAP partnered with másLabor, the largest visa processor in the U.S. (70,000/year), to offer a scalable and affordable solution for athletes, schools, and collectives. The result: free consultations, experienced team, lower cost, and real NIL access for qualified international athletes.

📩 Contact Casey Floyd ([email protected]) to find out how your athletic department can support this process.

🏆 Athlete Playbook: What. Why. How.

Understanding What’s Coming and What It Means

We’re in the transition window where revenue-sharing rules are now live, but how they work is a bit of a mystery.

📱 NIL Go

The NIL Go platform, a centralized “clearinghouse” for all third-party NIL deals over $600, is operated by Deloitte under the newly formed College Sports Commission (CSC) following the House v. NCAA settlement. NIL Go was designed to vet deals to verify fair market value, prevent pay‑for‑play, and ensure transparency and compliance. But that may not be the case. Two significant concerns with NIL Go are the issues of enforcement without consent and breaches of confidentiality. In professional sports, players agree to regulations through CBAs. However, in college, athletes haven’t had a say, so that tension will make enforcement and compliance significantly more challenging.

🔄 The Three-Step NIL Go Process

  1. Payor Association Check – Determination if the payor is “associated” (e.g., booster, collective) and subject to review

  2. Business Purpose Verification – Confirm the payor’s identity, intent, and deal legitimacy

  3. Compensation Analysis – Deloitte benchmarks compensation against a range of criteria (performance, social reach, market) to assess fairness

🔑  Key Considerations for College Athletes

  1. Deal reporting. All third-party deals ≥ $600 must be submitted via NIL Go. Delays or omissions risk deal reconsideration or eligibility

  2. Keep receipts. Maintain a record of all of your NIL deal details and any prior deal compensation as market comparisons

  3. Fair market value. Compensation is benchmarked universally, but formulas are known. Expect possible adjustment requests if deals exceed Deloitte’s valuation

  4. Retroactive accountability. Deals signed in the 2024-2025 school year before the official launch (June 11) can still fall under review

  5. Rules & training. Athletes must master state, conference, school, and CSC/NIL Go policies. Many schools offer NIL training modules

  6. Review Opportunities. Discuss potential NIL Go review scenarios with compliance before finalizing deals

  7. School payments. Direct revenue sharing from schools (up to $20.5 M) starts July 1. Athletes should understand if they are receiving funds and how this intersects with NIL earnings

  8. Contract enforceability. Legal disputes (e.g., Wisconsin vs. Miami) highlight risks when deals overlap with transfer/collective agreements

📣 Brand Playbook: Campaigns. Conversions. Athlete Influence.

NIL Momentum Grows in Tech & Beverage Sectors

Brand interest is accelerating in tech platforms, hydration, and functional categories. From EA Sports integrations to Gatorade alternatives, lifestyle-focused NIL deals are scaling fast.

Athletes:

  • Review your personal brand alignment, especially if you’re already posting content in fitness, nutrition, or gaming

  • Understand that analytics matter. Track performance, engagement, and niche value to pitch brands with precision

🔦 NOCAP Spotlight: Elite 11 x Quarterback Branding

NOCAP is proud to partner with Elite 11 to help top quarterback prospects elevate their brands, navigate the NIL process, and build long-term market value.

Our work includes:

  • NIL engagement with deals and activations

  • Brand strategy tailored for QBs

  • Compliance guidance across state and institutional policies

Supporting the next generation of leaders, both on and off the field, is what we're built for.

Elite 11

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The college sports landscape continues to evolve. Are you ready for what comes next?

NOCAP Sports empowers athletes, brands, universities, and collectives with technology and services that will help expand earning potential, activate athlete partnerships at scale, and deliver sustainable revenue.

Subscribe. Forward. Empower. Above the Cap brings clarity to the fast-moving college sports business every other week.