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.
O-1 is a dual intent visa, as is L-1, as is H-1B, so I have no idea what you're talking about?
O-1 is a dual intent visa, as is L-1, as is H-1B, so I have no idea what you're talking about?