EB-5 Green Card Denied: What the Voja Case Means for You
Genci Voja invested $500,000 in a US business and spent years trying to get an EB-5 investor green card. USCIS denied his application because he could not prove his money came from a lawful source — and in September 2026, a federal court agreed. The ruling is a sharp reminder that for EB-5 applicants, an airtight paper trail is not optional.
You invested $500,000 into a US business, filed your EB-5 petition, and waited years — only to have USCIS deny your application because it could not trace exactly where your money came from. That is what happened to Genci Voja, an Albanian national who applied for an EB-5 investor green card back in 2019. In September 2026, the US District Court for the District of Columbia sided with USCIS and upheld the denial.
What the court decided — and why it matters for your green card application
The EB-5 program (formally called the Employment Creation visa program) lets foreign nationals get a green card by investing capital in a US business that creates at least ten full-time jobs. But the money must come from a lawful source — and you must prove it. USCIS denied Voja's petition because he could not fully document where his $500,000 came from. Specifically, he never submitted bank statements from his Bank of America account, leaving a gap in the paper trail. Then, on appeal, he changed his story: he said most of the funds actually came from three Albanian treasury bonds worth over $700,000 — a claim he had not made in his original petition. The agency's Administrative Appeals Office (AAO) dismissed his appeal in February 2025, finding he had not proven the bonds were acquired with lawful money. A separate $200,000 cash deposit into his Albanian bank account also went unexplained. The court ruled in September 2026 that the agency's decision was reasonable and backed by the record.
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The burden of proof in an EB-5 case falls entirely on the applicant. You must show, by a preponderance of the evidence — meaning it is more likely true than not — that every dollar you invested came from a lawful source and that the money was actually yours. Changing your account of where the funds came from, as Voja did between his initial petition and his AAO appeal, seriously damages your credibility with the agency. Courts in the District of Columbia have consistently upheld USCIS's right to demand a complete, consistent paper trail.
What to do
- Gather complete bank statements for every account the investment funds passed through — including any US accounts — before you file. Gaps in the paper trail are the most common reason USCIS denies EB-5 petitions.
- Be consistent. The story of where your money came from must be the same in your initial petition, any response to a Request for Evidence, and any appeal. Changing your explanation — even if the new version is true — raises red flags.
- Document the origin of every large deposit or asset (bonds, real estate sales, gifts) with records showing when you acquired it and how you paid for it. USCIS will ask.
- If USCIS sends you a Request for Evidence (RFE), respond fully. Submitting thousands of pages without a clear narrative explanation, as happened in this case, is not enough — the agency needs a coherent, documented story.
Related: our step-by-step guide — “Appealing to the BIA”.
Fishkin Law Firm, New York
The Voja decision reinforces what EB-5 practitioners see constantly: USCIS will deny a petition if even one link in the chain of funds is missing or inconsistent. If you received a Request for Evidence, your response must include a clear written narrative that ties every dollar to a documented lawful source — bank statements, tax returns, business records, and bond certificates all need to line up. Do not wait for a denial to organize your records; consult an experienced EB-5 immigration attorney before you submit anything.
Frequently Asked Questions
What is the 'lawful source of funds' requirement for an EB-5 green card?
Federal regulations require that the capital you invest in an EB-5 petition was obtained legally — not through criminal activity or other unlawful means. You must prove this with financial documents such as bank statements, tax returns, and business records that trace the money from its origin to the US investment.
What happens if I change my explanation of where my EB-5 funds came from on appeal?
It can seriously hurt your case. In the Voja case, the AAO found that shifting from 'salary and rental income' to 'treasury bonds' as the main source of funds — without explaining the bonds in the original petition — undermined the applicant's credibility. USCIS and the courts expect a consistent, documented account from start to finish.
Can I appeal an EB-5 denial to a federal court?
Yes. After the AAO dismisses your appeal, you can file suit in federal court under the Administrative Procedure Act, arguing the agency's decision was arbitrary or unsupported by evidence. However, courts give USCIS significant deference, and winning requires showing the agency made a clear legal or factual error — not just that you disagree with the outcome.
What documents do I need to prove the lawful source of my EB-5 investment funds?
At minimum: bank statements for every account the money passed through (including US accounts), personal and business tax returns, foreign business registration records, and documentation for any large assets you liquidated (such as bonds or real estate). If there are cash deposits or transfers you cannot explain with records, USCIS will likely flag them.