; and (2) provide the international college athlete nonimmigrant with an employment authorized endorsement or other appropriate document signifying authorization of employment. . (d) Employee status of college athletes In the event that any Federal or State court of competent jurisdiction or any government agency declares college athletes to be employees of an institution of higher education or intercollegiate athletic association— (1) participation in intercollegiate athletics shall not violate or be considered to be a violation of or a failure to maintain nonimmigrant status described in subparagraph (F)(ii) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) )