anchor: An interpretation that the representation must commence while the alien is still in the United States would encourage employers to create even greater obstacles to access to legal services while the workers are physically in the United States.
positive: Requiring legal representation to be solicited while in the United States would place undue burden on the alien to garner adequate service to prevent abuse.
negative: Scholars generally agree there is no undue burden to aliens seeking legal services while employed in the United States.