On Friday, U.S. District Judge Brian Jackson denied a U.S. Citizenship and Immigration Services (USCIS) motion to dismiss the suit, which has raised questions about the financial opportunities available to international student-athletes in the modern age of collegiate sports.
College athletes born in the U.S. can now earn compensation both directly from their schools and from any endorsement deals they sign. It’s unclear, however, if international athletes such as Poa are afforded that same earning potential. Current U.S. policy places tight limits on the employment opportunities they can pursue without jeopardizing their immigration statuses.
“I think (the ruling) is a step in the right direction,” said Ksenia Maiorova, one of Poa’s lawyers.
USCIS does not have a policy tailored specifically to international college athletes.
So Poa is trying to obtain a P-1A athlete visa, a classification that’s typically reserved for professionals who move to the U.S. “solely” to compete in their respective sports or amateurs who play at an “internationally recognized level of performance.”
In June, USCIS lawyers argued that the “plain language” of the rule did not apply to Poa. The former LSU guard, according to U.S. attorney Alexandra McTague, did not move to the U.S. only so she could play basketball. She’s also there to attend a university and work toward a degree — two requirements she needs to meet so she can retain her NCAA eligibility.
Poa’s lawyers disputed that argument, saying that she did, in fact, move to the U.S. only so she could play college basketball.
“That prerequisite,” Maiorova said, “is not necessarily indicative of her purpose.”
Poa’s lawsuit is believed to be the first legal challenge tossed at the immigration policy at the heart of the case since the NCAA began allowing its athletes profit off their name, image and likeness in 2021. David Weber — a Creighton law professor who specializes in NIL issues that affect international collegiate athletes — has said that Poa’s filing could lead USCIS to create a new policy.
In April, Poa transferred to Arizona State to play her final season of eligibility. She spent three seasons at LSU and helped the Tigers win their first national championship in 2023.
“Poa has bravely taken up the task of being the representative of other international student athletes in the same position,” Maiorova said, “and we’re obviously very, very happy with the outcome, but the battle is not over.”