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Puerto Rico Is Open For Business

Client Alert

Puerto Rico has the highest vaccination in the nation. More than 73% of the total population is fully vaccinated. The U.S. national average is just over 57%. The ports opened in June 2020 and San Juan held its first live concert this past summer. It is important to remember that Puerto Rico is a U.S. territory and there is no need for visas. The banking system is almost identical to the mainland, and the Island uses the U.S. Postal Service and the U.S. dollar as its currency. There are thousands of flights from the U.S. to Puerto Rico daily and all main airlines fly to the Island.

Puerto Rico is known for its tax incentives program to promote the investment of foreign companies in the Island. The Puerto Rico Incentives Code (Act 60) passed on July 1, 2019, has standardized 15-year term tax exemptions, which could be extended for an additional fifteen years. Some of the exemptions are directed to Export (Services and Goods), Financial and Insurance Services, Visitor Economy, Manufacturing, Infrastructure, Farming, Creative Industries, Entrepreneurship, Air and Sea Transport.

All residents of Puerto Rico are exempt from U.S. federal taxes, and Puerto Rico is in charge of making its own local tax laws. As an example, an export service company that sets up an office in Puerto Rico can get a 4% corporate tax rate and full tax exemption on all dividends. The company is only required to hire one local employee if the company's annual revenue is over $3 million. Furthermore, the Act offers full exemption from all local taxes on passive income to individuals that have not lived in Puerto Rico for the last ten years. It also requires the individual to purchase residential property and to donate at least $10,000 a year to a local non-profit.

The location of Puerto Rico in the Caribbean makes it ideal for business. The Island has two international airports, and it has three major ports. Furthermore, Puerto Rico's legal system is similar to the mainland, and the Island’s law schools are approved by the American Bar Association. Attorneys admitted in U.S. jurisdictions can appear ad hoc without much trouble. In addition, there is a United States District Court, and its appeals are taken to the First Circuit in Boston.

Puerto Rico provides similar benefits as any tax haven jurisdiction and also provides a strong rule of law to protect the interest of any business. Puerto Rico is the best of both worlds.

For additional questions, please contact International Law Attorney Omar Carmona at ocarmona@bmdpl.com.


New Ohio Reporting Requirements for Non-Residential Contractors

Ohio’s E-Verify Workforce Integrity Act, effective March 19, 2026, requires all nonresidential construction companies, subcontractors, and labor brokers to use E-Verify to confirm employee work eligibility on projects across the state. The law applies regardless of company size and carries financial penalties and potential restrictions on future state contracts for noncompliance. Some uncertainty remains around requirements for existing employees, making early compliance planning important.

DOT Non-Domiciled CDL Rule

A new rule from the Federal Motor Carrier Safety Administration (FMCSA) will significantly narrow eligibility for non-domiciled Commercial Driver’s Licenses (CDLs) beginning March 16, 2026. The rule limits eligibility to holders of H-2A, H-2B, and E-2 visas and eliminates Employment Authorization Documents (EADs) as qualifying proof of work authorization. As a result, many lawfully present and work-authorized immigrants, including refugees, asylees, DACA recipients, and Temporary Protected Status holders, will no longer be able to obtain or renew a non-domiciled CDL. The change is expected to affect roughly 194,000 drivers nationwide and has prompted multiple legal challenges, including a pending emergency stay request before the United States Court of Appeals for the District of Columbia Circuit.

FinCEN Residential Real Estate Reporting Rule Now in Effect

FinCEN’s new Residential Real Estate Reporting Rule, effective March 1, 2026, requires certain real estate transfers to be reported to combat financial crimes. Transfers of residential property to entities or trusts without financing may require a Real Estate Report.

Department of Education Proposes Redefinition of “Professional Degree,” Excluding Nursing and Limiting Graduate Loan Borrowing

The U.S. Department of Education has issued a Notice of Proposed Rulemaking that would redefine “professional degree” programs under the One Big Beautiful Bill Act. The proposal excludes nursing from the recognized list and would impose new borrowing limits for graduate students while eliminating the Grad PLUS program. Public comments are due by March 2, 2026.

First-of-Its-Kind Federal Ruling Finds Use of Consumer AI Tool May Destroy Attorney-Client Privilege

On February 10, 2026, Judge Jed Rakoff of the U.S. District Court for the Southern District of New York issued a first-of-its-kind ruling finding that documents generated by a criminal defendant using a consumer AI platform were not protected by attorney-client privilege after being shared with counsel. The court treated the AI tool as a third party, concluding that entering sensitive information into a publicly available platform may waive confidentiality. The ruling also suggests that the work product doctrine may not apply where AI-generated materials are created independently by a client rather than at counsel’s direction. The decision signals that parties should exercise caution when using consumer AI tools in connection with legal matters.