anchor: Under an interpretation that the claim must arise while the worker was in the United States, unscrupulous employers would be able to exploit the system by, for example, failing to mail a final paycheck or 3/4 guarantee payment after the H-2A worker left the country, with knowledge that the worker would not be entitled to legal representation on the claim.
positive: Some employers use the laws to affect the H-2A workers.
negative: All employers exploit the H-2A system.