On August 8, 2025, West Virginia will finally step into the present when the Board of Education approves Item I (WVSSAC, Series 2), allowing high school athletes to benefit from their name, image and likeness. This change isn’t just overdue, it’s essential. For years I’ve spoken publicly and privately about the need to give our student-athletes the same opportunities already available to their peers across the country. When my colleague and I started lobbying for this shift in February, only 30 states and the District of Columbia had NIL policies in place for high school students. Today, just five months later, that number has climbed to 41 plus DC. West Virginia is on the brink of falling completely behind again.

This past session I accompanied a client, a young gentleman who is not only one of the best tennis players in the state but one of the most focused student-athletes I’ve ever seen, to the Capitol to speak directly with lawmakers. As a 9th grader, he made it all the way to states, ultimately losing to a senior. This year, as a 10th grader, he enters the season ranked number one in the state. He’s exactly the kind of talent we risk losing if NIL doesn’t become reality. His family, like many others, is watching carefully. If we don’t act, they’ll do what countless families have already done — move across state lines to give their child a chance to be seen, supported and compensated.

NIL is no longer a controversial concept. It’s the national standard. And it’s not just about athletes chasing fame or money. It’s about fairness, opportunity and retention. Families aren’t looking for million-dollar endorsements. They’re looking for flexibility. NIL allows a student to teach a youth clinic, partner with a local business or monetize their social media. It teaches responsibility, builds confidence and keeps young people connected to their community. More importantly, it gives them a reason to stay in West Virginia.

When athletes leave, so does their influence. So does their spending. NIL is not just a student issue — it’s an economic one. Every NIL partnership that happens in-state becomes a new opportunity to boost our local economy and generate new tax revenue. Every student-athlete that builds a brand here becomes a homegrown ambassador for the Mountain State. NIL helps retain talent, attract attention and shift the narrative of what’s possible here. We’re not just keeping athletes, we’re investing in future leaders who inspire pride and progress.

The WVSSAC has done its part by advancing the rule. Now it’s time for the West Virginia Department of Education to do the same. This vote is more than procedural — it’s pivotal. It’s a statement that West Virginia values its students, trusts its families and believes in a modern future. If we continue to ignore where the rest of the country is headed, we will continue to watch our best and brightest leave quietly, steadily and with no intention of coming back.

West Virginia doesn’t need to be last in this. We don’t need to lose another generation of athletes to neighboring states because we waited too long to do the right thing. Our students are ready. Their families are ready. We’ve proven through this year’s legislative engagement that our leaders are listening. It’s time to act. Let’s not just approve NIL for high school athletes, let’s lead with it.

(Paul Saluja is the founder of Saluja Law, specializing in immigration and business law in Charleston. He is a leading advocate in West Virginia for high school and collegiate NIL rights and works directly with athletes and families to navigate NIL opportunities and policy.)