Australian basketballer sues US government over college athlete pay
A 23-year-old Melbourne woman has become the face of a landmark US federal court case that, if successful, would give Australians access to a slice of a multibillion-dollar industry.
Last-Tear Poa is one of thousands of Australian athletes attending universities across the US on sports scholarships, but is the sole plaintiff in a lawsuit challenging restrictions on international students being able to profit from business ventures before graduating.
In 2021, the United States Supreme Court ruled for the first time that college-level athletes can monetize their “name, image, and likeness” without losing their college eligibility, allowing them to earn millions before turning pro. However, international students were excluded.
Poa’s case began as an investigation for immigration attorney Ksenia Maiorova into obtaining a visa that would allow Poa to profit from the same deals offered to her U.S. counterparts. While most international students enter the United States on F1 visas, which in most cases prevent them from working, Poa was requesting the P-1A visa, which professional athletes use to enter the country and compete. The P-1A visa allows athletes to earn money from business ventures classified as “ancillary promotional activities.”
“I never expected this to blow up and affect the case, so [to be] “I was facing this issue nationally and maybe internationally,” Maiorova said in a phone interview from Florida, where she lives. “At the time, I was constantly getting my P-1s. [college] athletes approved.”
Primarily Poa played at Louisiana State University – The university ranked in the top five in women’s basketball. More than 12 million people watched the championship against Iowa at the end of 2023, while 16 million people watched the next match between the two schools in 2024. Iowa student Caitlin Clark played opposite Poa in both matches. When Clark graduated that same year, his business deals were worth around US$3 million ($4.61 million) while Poa wasn’t making a dime.
Amy Maldonado (left) and Ksenia Maiorova (right) represent Last Tear Poa (center) in the lawsuit against the US Government.Credit: Jamie Brown
Poa, who recently transferred to Arizona State University for his final year of college basketball, is likely to spend more time on the court. This was important for the government. His application was rejected.
The government argued that although Poa had built a profile by playing exclusively at U.S. colleges, his trade offers could not be linked to his status as a basketball player. They also argued that the legal language suggested Poa was only in the United States legally so he could play basketball, which was inconsistent with his status as a student.
