Can an EB-3 skilled worker adjust status if they have worked without authorization for up to 90 days before filing for adjustment?

The option stating that an EB-3 skilled worker can adjust status under the provision of 245(k) is accurate because this provision provides a pathway for certain individuals who may have engaged in unauthorized employment. Specifically, Section 245(k) allows individuals to adjust their status without a disqualification for having worked without authorization when the unauthorized work was for a period not exceeding 180 days and if they meet other requirements for adjustment of status.

This provision recognizes that circumstances may lead to the temporary engagement in unauthorized employment, and it provides a degree of leniency, thereby allowing those who have only worked without authorization for a short duration—like up to 90 days—to still qualify for adjustment of status, provided they fulfill other eligibility criteria. Thus, individuals in this situation would not be barred from adjusting status because of their unauthorized work within that limited timeframe.