If an applicant worked in the U.S. without authorization, are they eligible for adjustment of status if they entered with a valid visa?

The correct determination is based on the regulations outlined in the Immigration and Nationality Act (INA), particularly focusing on the provisions relating to adjustment of status. Under INA § 245(c)(2), individuals who have engaged in unauthorized work in the U.S. are barred from adjustment of status, even if they initially entered the country legally with a valid visa.

In this scenario, while the applicant did enter the U.S. legally, the subsequent unauthorized employment creates a barrier to adjustment of status. The law is clear that unauthorized work prohibits individuals from seeking to adjust their status, irrespective of their prior legal entry.

This regulation is in place to discourage unlawful employment practices and ensure people follow legal pathways while in the U.S. Therefore, due to the applicant's unauthorized work history, they are not eligible for adjustment of status.