An unemployed insured worker shall be eligible to receive benefits with respect to any week only if the Commission finds that:

1. (1) He has made a claim for benefits with respect to such week in accordance with such regulations as the Commission may prescribe;
2. (2) He has registered for work and thereafter has continued to report at an employment office in accordance with such regulations as the Commission may prescribe, except that the Commission may, by regulation, waive or alter either or both of the requirements of this paragraph as to individuals attached to regular jobs; provided, that no such regulation shall conflict with Sections 41-35-10 or 41-35-30;

3. (3) He is able to work and is available for work at his usual trade, occupation, or business or in such other trade, occupation, or business as his prior training or experience shows him to be fitted or qualified; is available for such work either at a locality at which he earned wages for insured work during his base period or if the individual has moved to a locality where it may reasonably be expected that work suitable for him under the provisions of Section 41-35-120(3)(b) is available; and, in addition to having complied with subsection (2), is himself actively seeking work; provided, however,

   1. (a) Notwithstanding any other provisions of Chapters 27 through 41 of this Title no otherwise eligible individual shall be denied benefits with respect to any week in which he is in training with the approval of the Commission by reason of the application of the provision herein relating to availability for work and an active search for work;
   2. (b) No claimant shall be eligible to receive benefits or waiting period credit if engaged in self-employment of such a nature as to return or promise remuneration in excess of the weekly benefit amounts he would have received if otherwise unemployed over such period of time.

4. (4) He has been unemployed for a waiting period of one week, but no week shall be counted as a week of unemployment for the purposes of this paragraph

   1. (a) unless it occurs within the benefit year which included the week with respect to which he claims payment of benefits,
   2. (b) if benefits have been paid with respect thereto nor
   3. (c) unless the individual was eligible for benefits with respect thereto as provided in this section and Section 41-35-120, except for the requirements of this item (4) and of item (5) of Section 41-35-120.
5. (5) Claimant is separated, through no fault of his own, from his most recent bona fide employer; provided, however, the term "most recent bona fide employer" shall mean the work or employer from which the individual separated regardless of any work subsequent to his separation in which he earned less than eight times his weekly benefit amount.

6. (6) He participates in reemployment services, such as job search assistance services, if he has been determined to be likely to exhaust regular benefits and need reemployment services pursuant to a profiling system established by the commission, unless the commission determines that:

   1. (a) the individual has completed such services; or
   2. (b) there is justifiable cause for the claimant's failure to participate in such services.