Only if they do not maintain lawful status, which is what the law says anyway. In fact, it specifically mentions this: "USCIS acknowledges exceptions including nonimmigrant categories with dual intent and immigrant categories where only adjustment of status provides a pathway to permanent resident status"
Footnote 20: However, maintaining lawful status in a dual intent nonimmigrant category is not sufficient, on its own, to warrant a favorable exercise of discretion
Where in the memo does it say "only if they do not maintain lawful status"? there are plenty of people adjusting under employment based petitions who have non-immigrant visas (eg O-1) which are not dual intent.
https://www.uscis.gov/sites/default/files/document/memos/PM-...