A federal court has upheld the denial of an EB-5 visa application filed by Genci Voja, an Albanian national, after finding that the U.S. Citizenship and Immigration Services (USCIS) acted reasonably. The ruling affects Voja's ability to secure a visa that would allow him to invest in U.S. businesses and potentially gain permanent residency. The decision highlights the importance of demonstrating that investment funds come from lawful sources, a requirement that Voja failed to meet.

In his application, Voja claimed to have invested $500,000 in a U.S. commercial enterprise. However, USCIS denied his application, stating that he did not provide sufficient evidence to prove that his investment capital came from lawful means. Voja subsequently appealed the decision, but the Administrative Appeals Office (AAO) upheld the denial, prompting him to file a lawsuit in the District Court for the District of Columbia.

The case, Voja v. Noem, was presided over by Judge Christopher R. Cooper. The court ruled on September 25, 2026, in favor of the defendants, affirming USCIS's decision to deny Voja's visa application. This case underscores the challenges faced by foreign investors seeking to navigate the EB-5 visa program, which requires strict adherence to regulations regarding the source of investment funds.

Background

Genci Voja applied for an EB-5 visa in February 2019, which is designed for foreign nationals who invest in U.S. businesses and create jobs. The program requires applicants to demonstrate that their investment capital comes from lawful sources. Voja claimed his investment funds were derived from personal income and rental properties. However, USCIS found that he failed to provide adequate documentation to support this claim.

In July 2023, USCIS denied Voja's visa application, citing several evidentiary deficiencies. Specifically, the agency noted that Voja did not submit bank statements showing the transfer of funds into his U.S. accounts, which raised concerns about the legitimacy of the funds. Voja appealed the decision to the AAO, which dismissed his appeal in February 2025, stating that he did not provide sufficient evidence to prove the lawful source of his investment funds.

The Ruling

The court ruled in favor of USCIS, stating that the agency's decision was reasonable and supported by the evidence presented. Judge Cooper noted, "The agency’s decision was reasonable and reasonably explained." The court emphasized that the burden of proof lies with the applicant, in this case, Voja, to establish that his investment funds were obtained lawfully.

Judge Cooper's ruling highlighted the importance of the lawful-source requirement in the EB-5 visa program, stating that the regulations allow USCIS to deny applications if the applicant fails to establish that their funds come from lawful means. The court found that Voja had not adequately demonstrated the source of his funds, particularly regarding a $200,000 deposit and the origins of treasury bonds he claimed contributed to his investment.

Impact

This ruling has significant implications for foreign investors seeking EB-5 visas. It reinforces the necessity for applicants to provide comprehensive documentation proving the lawful source of their investment funds. The decision may serve as a precedent for future cases, emphasizing that USCIS has the authority to scrutinize the origins of funds used in visa applications.

Moreover, the ruling may deter potential applicants who are unable to provide clear evidence of the legality of their funds. The case illustrates the rigorous standards that USCIS applies in evaluating EB-5 visa applications, which could impact the number of successful applications in the future.

What's Next

Voja's case could potentially be appealed to a higher court, although details were not available in the court filing regarding any plans for further legal action. The outcome of this case may also influence similar pending cases involving EB-5 visa applications.