Then unfortunately, that is not going to work. The problem is that while the law only says, "substantial investment", for the E-2 visa they usually look for around $200,000 or more. This is because anything less is a weak case that could easily fail. And they will not approve a visa for a business that they think will easily fail and you would end up being out of status. The reason I ask where you plan to invest is because if you go to a big city, Las Vegas, New York, Los Angeles, Miami, Dallas, Atlanta, Chicago, etc., where most people want to live, the cost of living and doing business is much higher. Covington, VA may be a good location if you have less than $200,000, you may have to open the business in some smaller town in the middle of nowhere that has a very low cost of living and doing business, like maybe a small town in North or South Dakota, Utah, Nebraska, etc. This is because a $100,000 or so investment would have a much better chance of succeeding in such a location.
Usually attorneys do not take cases of E visas for less than a $200,000 investment because they do not want to risk losing the case and having an upset client because the client has to have the money already invested and at risk and if it is denied, they have to try to sell the business or something to try to recoup their investment.
Here is a link to the E-2 if you want to read more:
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