anchor: A requirement that the H-2A worker be physically present in the United States when the cause of action arises or the representation commences thus would deprive H-2A workers of representation on many of the most basic employment contract protections afforded by Congress, directly contrary to Congress' purpose.
positive: H2a workers are deprived of representstion contract protections.
negative: H2a workers are deprived of nothing, they largely benefit.