Get better lawyers or learn to ask the very important question of "why not" and if you get a shitty answer ask for a citation. 245(i) can be used for any adjustment including even the DV lottery.

The issues for AOS under EB-5 are the same as under EB-2 and -3. Namely INA 245(c)(2), (c)(7), and (c)(8). Failure to maintain continuous lawful status, illegal work, trying to AOS via an employment category while not in lawful status. 245(i) takes care of all of them. Only downside is that you cannot do concurrent filing of I-526 and I-485, I-526 has to be approved first before you can file I-485.

Unless you are talking about E-1/2 in case of which yeah, can't really do it short of a 212(d)(3) waiver and that's a whole other can of worms.