It appears EB-5 case precedents and/or EB-5 laws are being cited to deny E-2 cases

Recently, there appears to be more and more instances where EB-5 law and cases are being cited by USCIS examiners in denying E-2 extension cases, including but not limited to, Matter of Ho precedent AAO case. This kind of language in a RFE is very strange, as the Matter of Ho specifically dealt with a pending I-526 immigrant petition, whereas an E-2 EOS is a nonimmigrant extension application. USCIS should not be using a precedent case for EB-5 law for a nonimmigrant application because they are two different areas of law.