High court sides with ex-athletes in NCAA compensation case

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The Supreme Court decided unanimously Monday that the NCAA can’t enforce rules limiting education-related benefits — like computers and paid internships — that colleges offer to student athletes.

The case doesn’t decide whether students can be paid salaries. Instead, the ruling will help determine whether schools decide to offer athletes tens of thousands of dollars in those benefits for things including tutoring, study abroad programs and graduate scholarships.

The high court agreed with a group of former college athletes that NCAA limits on the education-related benefits that colleges can offer athletes who play Division I basketball and football are unenforceable.

Justice Neil Gorsuch wrote for the court that the NCAA sought “immunity from the normal operation of the antitrust laws,” which the court declined to grant.

Under current NCAA rules, students cannot be paid, and the scholarship money colleges can offer is capped at the cost of attending the school. The NCAA had defended its rules as necessary to preserve the amateur nature of college sports.

But the former athletes who brought the case, including former West Virginia football player Shawne Alston, argued that the NCAA’s rules on education-related compensation were unfair and violate federal antitrust law designed to promote competition. The Supreme Court upheld a lower court ruling barring the NCAA from enforcing those rules.

As a result of the ruling, the NCAA itself can’t bar schools from sweetening their offers to Division I basketball and football players with additional education-related benefits. But individual athletic conferences can still set limits if they choose.

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

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