; and (B) is engaged in interstate commerce or in any industry or activity affecting interstate commerce. (10) International college athlete The term international college athlete means an alien (as defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) )) lawfully present in the United States in the status of a nonimmigrant described in subparagraph (F)(ii) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) who participates in or is eligible to participate in an intercollegiate sport for an institution of higher education. (11) Likeness The term likeness , with respect to a college athlete or prospective college athlete, means the uniquely identifiable voice, catch phrase, or any other mark that when used in a context that reasonably identifies the college athlete or prospective college athlete. (12) Name The term name , with respect to a college athlete or prospective college athlete, means the first or last name, or a nickname, of the college athlete or prospective college athlete when used in a context that reasonably identifies the college athlete or prospective college athlete. (13) Prospective college athlete The term prospective college athlete means an individual who— (A) has not enrolled at an institution of higher education